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the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
<br />Grader, 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 (1) defined as a "hazardous waste", "extremely hazardous
<br />waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,'or listed pursuant to Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(11) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
<br />Safety Coda, Division 20, Chapter 6,95 (1-lazardous Materials Release Resp onIas Plans and inventory), (Iv)
<br />defined as a "hazardous substance" under Section 25:281 of the California Health and Safety Code, Division
<br />20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polyohlorinated biphenyls, (viil) listed under Article 9 or defined as "hazardous" or''extremaly hazardous"
<br />pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
<br />as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
<br />as a "hazardous waste" pursuant to Section 1004 .of the Resource Conservation and Recovery Act, 42
<br />U,S.C, 65901 atM. (42 U.S.G. 56903) or (xi) defined as a "hazardous substances" pursuant to Section
<br />101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U,S,C.
<br />59601 at seq. (42 U.S.C, $9601).
<br />17. Compliance With Cnvironmental 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 duality, 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 Department
<br />of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
<br />Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br />18. Lnd2imnily, Seller agrees to indemnify, defend and hold the City harmless frorn and against any
<br />claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br />expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the
<br />presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or
<br />about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged
<br />violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
<br />generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, to or from, the Property. This Indemnity shall include, without limitation, any damage, liability, fine,
<br />penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
<br />personal injury (including sickness, disease, or death, tangible or intangible property damage,
<br />compensation for lost wages, business income, profits or other economic loss, damage to the natural
<br />resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse
<br />effect on the environment). This indemnity extends only to liability created prior to or up to the date this
<br />escrow shall close. Seiler shall not be responsible for acts or omissions to act post close of this escrow.
<br />19. Can1ing2M. 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 constitute said
<br />acceptance and approval,
<br />20. Modification and A� Mgndment; This PSA may not be modified or amended except in writing signed
<br />by the Seller and City.
<br />4463760.1 - N1565.1
<br />25G-21
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