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17. Condltion of the Pro»ez•Yy/Disclosure.
<br />A. Prior to the execution of this Agreement, Buyer has caused a "Phase I" investigation
<br />of the environmental condition of the Property to be undertaken, with the cost of such
<br />investigation at the sole expense of Buyer. Buyer represents and warrants that Seller will be
<br />provided a copy of atl reports and test results produced in connection with the environmental
<br />investigation of the Property by Buyer, upon execution of this Agreement. Prior to and as a
<br />condition of Closing, the Agency had the right, at its sole cost and expense, to cause a "Phase II"
<br />investigation of the environmental condition of the Property to be undertaken.
<br />B. Based upon the "Conclusions and Recommendations" of the completed Phase II
<br />report by the Environmental Consultant, no remediation of the Property is necessary and no
<br />fw•ther environmental assessment is recommended at this time. Sellet• may review a copy of
<br />such report, at Buyer's offices during regular business hours, upon request.
<br />18. Compliance With Environmental Laws. Upon close of escrow, the Property shall
<br />comply with all applicable laws and governmental regulations including, without limitation, all
<br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,
<br />waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
<br />Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
<br />Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and
<br />the California Environment Quality Act, and the rules, regulations, and ordinances of the city
<br />within which the subject property is located, the California Department of Health Services, the
<br />Regional Water• Quality Control Board, the State Water Resources Control Board, the
<br />Environmental Protection Agency, and all applicable federal, state, and local agencies and
<br />bureaus.
<br />19. Indemni .Seller agrees to indemnify, defend and hold the Agoncy harmless from and
<br />agahist any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br />punitive damage, or expense (including, withotrt limitation, attorneys' fees), resulting from,
<br />arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
<br />disposal of any Hazardous Material on, under, in or about, or the transportation of any such
<br />materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
<br />ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
<br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, to or from, the Property. This indemni#y shall include, without limitation, any damage,
<br />liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
<br />suit or proceeding for personal injwy (including sickness, disease, or death, tangible or
<br />intangible property damage, compensation for Lost wages, business income, profits or other
<br />economic loss, damage to the natural resource or the environment, nuisance, pollution,
<br />contamination, leak, spill, release, or• other adverse effect on the environment). This indemnity
<br />extends only to liability created prior to or up to the date this escrow shall close. Seller shall not
<br />be responsible for acts or omissions to act after close of escrow.
<br />20. Contineeney. It is understood and agreed between the parties hereto that the completion
<br />of this hansaction, and the escrow created hereby, is contingent upon the specific acceptance and
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