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21. HAZARDOUS WASTE. Neither Tenant-Seller nor, to the best of Tenant-Seller's <br />knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, <br />generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or <br />related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or <br />transported any Hazardous Materials to or from the Property or the Premises. Tenant-Seller shall <br />not 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 or <br />from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste <br />which is or becomes regulated by any local governmental authority, the State of California, or the <br />United States Government, including, but not limited to, any material or substance which is (i) <br />defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" <br />under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety <br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous <br />substance" under §25316 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 §25501 of the California Health and <br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and <br />Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and <br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) <br />petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as <br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California <br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant <br />to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" <br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. <br />(42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the <br />Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et <br />seq. (42 U.S.C. 56901). <br />22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant-Seller's <br />knowledge, the Premises and its use complies with all applicable laws and governmental regulations <br />including, without limitation, all applicable federal, state and local laws pertaining to air and water <br />quality, hazardous waste, waste disposal and other environmental matters, including, but not limited <br />to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource <br />Conservation Recovery and Comprehensive Environmental Response Compensation and Liability <br />Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the <br />city 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 bureaus. <br />23. INDEMNITY. Tenant-Seller agrees to indemnify, defend and hold Buyer harmless <br />from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, <br />penalty, punitive damage, or expense (including, without 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 Premises, 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 />A-5 <br />25C-59