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Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
<br />seg. (42 U.S.C. S9601).
<br />B. Seller hereby discloses, and Buyer was and is aware, that a gasoline station (owned
<br />by Chevron U.S.A. Inc.'s predecessor, Standard Oil Company of California) existed on a portion of Seller's
<br />property from 1955 to 1985. During the course of negotiation of a lease between Seller and the current tenant,
<br />Walgreen Co., soil samples revealed levels of contamination at the site of the former gasoline station
<br />warranting additional testing and eventually warranting the placement of monitoring wells, at the direction of the
<br />California Regional Water Quality Control Board, Santa Ana Region. An Environmental Agreement was
<br />entered into by and among Seller, Walgreen Co., and Chevron, requiring Chevron to install the necessary
<br />groundwater monitoring wells and perform all clean up and testing required by the California Regional Water
<br />Quality Control Board, Santa Ana Region, with the full knowledge, input, consent and oversight of the City of
<br />Santa Ana.
<br />Said Agreement provided for indemnity by Chevron of Seller and Walgreen Co. regarding the
<br />contamination, clean up and monitoring of contamination on the property.
<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with
<br />all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and
<br />local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental
<br />matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste
<br />Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and
<br />Liability Acts, and 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 Regional Water
<br />Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all
<br />applicable federal, state, and local agencies and bureaus.
<br />19. Indemnity. A. With the exception of paragraph 19.13, below, Seller agrees to indemnify, defend and
<br />hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability,
<br />deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
<br />from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of
<br />any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
<br />Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit,
<br />judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of
<br />Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without
<br />limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any
<br />claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible
<br />property damage, compensation for lost wages, business income, profits or other economic loss, damage to
<br />the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other
<br />adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date
<br />this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.
<br />B. Said indemnity does not extend to the existence of contamination disclosed and
<br />described in Paragraph 17.13, above.
<br />20. Contingency. It is understood and agreed between the parties hereto that the completion of this
<br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
<br />City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
<br />acceptance and approval.
<br />25B-18
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