|
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vil) polychlorinated biphenyls, (viii)
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br />22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act, (33 U,S,C, S1317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />56901 et; sea, (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U,S,C.
<br />59601 e ems' , (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 applicable
<br />federal, state, and local laws pertalning to air and water quality, hazardous waste, waste disposal, and
<br />other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
<br />Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
<br />and the rules, regulations, and ordinances of the city within which the subject property is located, the
<br />California 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, slate, and
<br />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 damage,
<br />or expense (including, without limitation, attorneys' fees), resulting from, arising cut of, or based upon
<br />(1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
<br />under, in or about, or the transportation of any such materials to or from, the Property, or (II) the
<br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or
<br />license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
<br />Materials on, under, in, or about, to or from, the Property, This indemnity shall include, without limitation,
<br />any damage, liability, fine, penalty, punitive damage, cost, or expanse arising from or out of any claim,
<br />action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
<br />intangible property damage, compensation for lost wages, business income, profits or other economic
<br />loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak,
<br />spill, release, or other adverse effect on the environment). This Indemnity extends only to liability created
<br />prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
<br />act post close of this escrow,
<br />20, Continaenny. 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
<br />the City herein, The execution of these documents and the delivery of same to Escrow Agent constitute
<br />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,
<br />22. Par ial 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 remelning provisions of this PSA shall remain in full force.
<br />23. GC_ aptiorrs. 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.
<br />24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of
<br />the State of California.
<br />25E-9
<br />
|