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Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or
<br />from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which
<br />is or becomes regulated by any local governmental authority, the State of California, or the United
<br />States Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance"
<br />under Section 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 material ",
<br />"hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety
<br />Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br />defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code,
<br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi)
<br />asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or
<br />"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division
<br />4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
<br />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 sec. (42 U.S.C. S6903) or (A) defined
<br />as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (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 subject
<br />property is located, the California Department of Health Services, the Regional Water Quality Control
<br />Board, the State Water Resources Control Board, the Environmental Protection Agency, and all
<br />applicable federal, state, and local agencies and bureaus.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br />any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or
<br />based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous
<br />Material on, under, in or about, or the transportation of any such materials to or from, the Property, or
<br />(ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit,
<br />judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
<br />transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
<br />shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
<br />arising frorn or out of any claim, action, suit or proceeding for personal injury (including sickness,
<br />disease, or death, tangible or intangible property damage, compensation for lost wages, business
<br />income, profits or other economic loss, damage to the natural resource or the environment,
<br />nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
<br />This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller
<br />shall not be responsible for acts or omissions to act post close of this escrow.
<br />20. Contingency. It is understood and agreed between the parties hereto that the completion of
<br />this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
<br />approval of the City herein. The execution of these documents and the delivery of same to Escrow
<br />Agent constitute said acceptance and approval.
<br />21. Modification and Amendment. This PSA may not be modified or amended except in writing
<br />signed by the Seller and City.
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