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"restricted hazardous waste" under Section 251 15, 251 17 or 25122.7, or listed pursuant to
<br />Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
<br />of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release
<br />Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section
<br />25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated
<br />biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
<br />pursuant to Article 1 1 of Title 22 of the California Code of Regulations, Division 4, Chapter
<br />20, (ix) designated as a "hazardous substances" pursuant to Section 31 1 of the Clean Water
<br />Act, (33 U.S.C. § 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 690] et sec. (42 U.S.C. §
<br />6903) 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. Section 9601 et secy. (42 U.S.C. § 9601).
<br />C. Developer agrees to perform and be solely responsible for the cleanup of any hazardous
<br />substances on, in, under or within the site, and to comply with all related provisions of the
<br />Scope of Development, at the sole cost, risk and expense of Developer.
<br />D. Agency has agreed to make available to Developer all its files and records regarding the
<br />Property, which shall include a Phase 1 and Phase lI environmental audit performed on
<br />behalf of the prior owner, Steadfast Courtyards L.P, should Agency receive said audits.
<br />Based solely upon information contained in those records, Agency represents that it is not
<br />aware of the existence of any Hazardous Substances on the Property.
<br />E. After delivery of title or possession of the Property, the Developer shall defend, indemnify
<br />and hold harmless the Agency, the City and their officers, agents, employees, contractors
<br />and consultants from any claims, liability, injury, damages, costs and expenses (including,
<br />without limiting the generality of the foregoing, the cost of any required cleanup of
<br />hazardous substances, and the cost of attorneys' fees) which may be sustained as the result of
<br />the presence or cleanup of hazardous substances on, in, or under the site. Agency agrees to
<br />reasonably cooperate with Developer in any such action.
<br />F. Upon the development of the long-term use of the Property, Developer shall (at its own cost
<br />and expense) remove and/or otherwise remedy as provided by law and implementing rules
<br />and regulations, and sufficiently to adequate project the public health and safety (including
<br />the health and safety of occupants of the site and adjacent properties), any hazardous
<br />substances and soil and water contamination on, in, under and/or within the site. Such work
<br />shall include, without limitation, the following:
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