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17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
<br />owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
<br />disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on,
<br />under, in, or about the Property, or transported any Hazardous Materials to or from the Property.
<br />Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or
<br />disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous
<br />Materials to or from, the Property. The term "Hazardous Material" shall mean any substance,
<br />material, 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 substance
<br />which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous
<br />waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California
<br />Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
<br />"hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20,
<br />Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a
<br />"hazardous 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 25281 of the
<br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous
<br />Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9
<br />or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the
<br />California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances"
<br />pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901
<br />et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
<br />U.S.C. S9601 et seg. (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable laws and governmental regulations including, without limitation, all
<br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste
<br />disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air,
<br />Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
<br />Comprehensive Environmental Response Compensation and Liability Acts, and the California
<br />Environment Quality Act, and the rules, regulations, and ordinances of the city within which the
<br />subject property is located, the California Department of Health Services, the Regional Water
<br />Quality Control Board, the State Water Resources Control Board, the Environmental Protection
<br />Agency, and all applicable federal, state, and local agencies and bureaus.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
<br />against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br />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 disposal
<br />of any Hazardous Material on, under, in or about, or the transportation of any such materials to or
<br />from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
<br />regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage,
<br />disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property.
<br />This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage,
<br />cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury
<br />(including sickness, disease, or death, tangible or intangible property damage, compensation for
<br />lost wages, business income, profits or other economic loss, damage to the natural resource or the
<br />environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the
<br />environment). This indemnity extends only to liability created prior to or up to the date this escrow
<br />shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.
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