|
instrument to which Tenant-Seller, the Premises, the Improvements or the Tenancy Interest may
<br />be subject.
<br />F. Until the Closing, Tenant-Seller shall, upon learning of any fact or
<br />condition which would cause any of the warranties and representations in this Paragraph 19 not
<br />to be true as of Closing, immediately give written notice of such fact or condition to Buyer.
<br />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
<br />used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic
<br />substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or
<br />the Premises, or transported any Hazardous Materials to or from the Property or the Premises.
<br />Tenant-Seller shall not cause or permit the presence, use, generation, release, discharge, storage,
<br />or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any
<br />Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any
<br />substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, or the United States Government, including, but not limited to, any
<br />material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste",
<br />or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140
<br />of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
<br />Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety
<br />Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act),
<br />iii defined as a "hazardous material", "hazardous substance", or "hazardous waste" under
<br />§25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
<br />Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<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 byphenyls,
<br />.(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
<br />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
<br />designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
<br />U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a
<br />"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, 42. U.S.C. S6901, et seq. (42 U.S.C. S6901).
<br />22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant-
<br />Seller's knowledge, the Premises and its use complies with all applicable laws and governmental
<br />regulations including, without limitation, all applicable federal, state and local laws pertaining to
<br />air and water quality, hazardous waste, waste disposal and other environmental matters,
<br />including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations and ordinances of the city within which the subject Property is located, the California
<br />Department of Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Environmental Protection Agency and all applicable federal, state
<br />and local agencies and bureaus.
<br />5
<br />25L-9
|