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CRAFT
<br />19. Hazardous Waste. (a) Except as otherwise disclosed in the Phase I or Phase II report to
<br />be provided by Buyer to Seller pursuant to subparagraph (b) of this paragraph, neither Seller nor,
<br />to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of said real
<br />property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic
<br />substances, or related materials ("Hazardous Materials") on, under, in, or about said real
<br />property, or transported any Hazardous Materials to or from said real property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to
<br />or from, said real property. The term "Hazardous Material" shall mean any substance, material,
<br />or waste which is or becomes regulated by any local governmental authority, the State of
<br />California, or the United States Government, including, but not limited to, any material or
<br />substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
<br />Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
<br />Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
<br />Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
<br />"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
<br />Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
<br />"hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br />20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
<br />(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or
<br />"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
<br />Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of
<br />the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section
<br />1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et se,~c . (42 U.S.C.
<br />56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
<br />U.S.C. 59601 et sec . (42 U.S.C. 59601).
<br />(b) Within five (5) business days of the opening of Escrow, Seller shall provide
<br />Agency with copies of the Phase I and Phase II environmental audit that it has caused to be
<br />prepared regarding the said real property, together with copies of any other reports, studies or
<br />material regarding the environmental condition of said real property.
<br />20. Compliance With Environmental Laws. To the best of Seller's knowledge said real
<br />property complies with all applicable laws and governmental regulations including, without
<br />limitation, all applicable federal, state, and local laws pertaining to air and water quality,
<br />hazardous waste, waste disposal, and other environmental matters, including, but not limited to,
<br />the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation and
<br />Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
<br />ordinances of the city within which the subject property is located, the California Department of
<br />Health Services, the Regional Water Quality Control Board, the State Water Resources Control
<br />Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies
<br />and bureaus.
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