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20. WARRAN'T'IES, REPRESENTATIONS AND COVENANTS OF •IENANT-
<br />Sh,L,LER. Tenant - Seller hereby warrants, represents, and /or covenants to Buyer that:
<br />A. To the best'ofTenant- Seller's knowledge, there are no actions, suits, material
<br />claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy
<br />Interest or any Portion thereof, at law or in equity, before any court or governmental agency.
<br />B. Until the Closing, Tenant- Seller shall maintain the Improvements and the
<br />Premises in good 'condition and state of repair and maintenance, and shall perform all of its
<br />obligations under any service contracts or other contracts affecting the Improvements and the
<br />Premises,
<br />C. Until the Closing, Tenant - Seller shall not do anything which would impair
<br />Tenain- Seller's title to the Improvements or the Tenancy Interest.
<br />D. All utilities including gas, electricity, water, sewage, and telephone, are
<br />available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good
<br />working order,
<br />E, To the best of Tenant - Seller's knowledge, neither the execution of this
<br />Agreement trot° the performance of the obligations herein will conflict with, or violate any of the
<br />provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or
<br />instrument to which Tenant - Seller, the Premises, tine Improvements or the Tenancy Interest may be
<br />subject..
<br />F. Until the Closing, Tenant - Seller shall, upon learning of any fact or condition
<br />which would cause any of the warranties and representations in this Paragraph 20 not to be true as
<br />Of Closing, immediately give written notice of such fact or condition to Buyer.
<br />21, HAZARDOUS WASTE. Neither Tenant, Seller nor, to the best of Tenant - Seller's
<br />knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used,
<br />generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or
<br />related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or
<br />transported any Hazardous Materials to or from the Property or the Premises. Tenant- Seller shall
<br />not cause or permit the presence, use., generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Ilazardous Materials to or
<br />from tha Premises. The term "Hazardous Materials" shall mean any substance, material, or waste
<br />which is or becomes regulated by any local governmental authority, the State of California, or the
<br />United. States Government, including, but not limited to, any material or substance which is (i)
<br />defined as a "hazardous waste", "extremely hazardous Waste ", or "restricted hazardous waste"
<br />under §25115, §25117 or §25122.7, or listed pursuant to §25140'ofthe California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous
<br />substance" tinder §25316 of the California Health and Safety Code, Division 20, Chapter 6,8
<br />( Carpenter »Prestey - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and
<br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
<br />Inventory), (iv) defined as a "hazardous substance" under §25281 of the California. Health and
<br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
<br />petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant
<br />4403755.1 -1,1I565.1
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