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20. WARRANTIES REPRESENTATIONS AND COVENANTS OF T13NANT-
<br />SELLER Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that:
<br />A. To the best of Tenant -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 tinder 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 />Tenant -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 nor 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, the 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 ("I3azardous Materials") on, tinder, 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 Hazardous Materials to or
<br />from the 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 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous
<br />substance" under §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
<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 tinder Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article I1 of 'Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (ix) designated as a `hazardous substances" pursuant
<br />4463755.1 --N1565.1
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