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to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq.
<br />(42 U.&C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et
<br />seq.(42 U.S.C. S6901).
<br />22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's
<br />knowledge, the Premises and its use complies with all applicable laws and governmental regulations
<br />including, without limitation, all applicable federal, state and local laws pertaining to air and water
<br />quality, hazardous waste, waste disposal and other environmental matters, including, but not limited
<br />to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation and Liability
<br />Acts, and the California Enviromnent Quality Act, and the rules, regulations and ordinances of the
<br />city within which the subject Property is located, the California Department of Health Services, the
<br />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 />23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer harmless
<br />from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
<br />penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
<br />arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or
<br />disposal of any Hazardous Material on, under, in, or about, or the transportation of any such
<br />materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute,
<br />ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
<br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, to or from, the Premises. This indemnity shall include, without limitation, any damage,
<br />liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
<br />suit or proceeding for personal injury (including siclamess, disease or death, tangible or intangible
<br />property damage, damage to the natural resource or the environment, nuisance, pollution,
<br />contamination, leak, spill, release, or other adverse effect on the environment. This indemnity
<br />extends only to acts or omissions of Tenant -Seller herein.
<br />24. ATTORNEYS' FEES. if legal action is required in order to construe or enforce any
<br />provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such
<br />other relief as may be granted, to a reasonable sum as its attorneys' fees and costs.
<br />25. COUNTERPAR'T'S. This Agreement may be executed in counterparts and when so
<br />executed by both panties, each counterpart will constitute an original document.
<br />26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth
<br />herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the
<br />parties hereto.
<br />27. ENTIRE AGREEMENT, This Agreement contains the entire agreement between
<br />both parties; neither party relies upon any warranty or representation not contained in this
<br />Agreement.
<br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
<br />year set forth hereinabove.
<br />41103755.1 --N1565.1
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