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16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
<br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
<br />hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
<br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
<br />the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
<br />under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
<br />"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
<br />local governmental authority, the State of California, or the United States Government, including, but not
<br />limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous
<br />waste", or "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 Waste
<br />Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and
<br />Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii)
<br />defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of
<br />the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
<br />Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health
<br />and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
<br />petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative
<br />Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the
<br />Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
<br />Resource 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, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601).
<br />17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
<br />with all applicable laws and governmental regulations including, without limitation, all applicable federal,
<br />state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
<br />environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
<br />Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
<br />Response 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 Resources
<br />Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies
<br />and bureaus.
<br />18. 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, which shall be accomplished within fifteen (15) business days of City's receipt of
<br />PSA executed by Seller.
<br />19. Modification and Amendment. This PSA may not be modified or amended except in writing
<br />signed by the Seller and City.
<br />20. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
<br />which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all
<br />the remaining provisions of this PSA shall remain in full force.
<br />21. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
<br />only and are not to be considered in construing this PSA.
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