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17, Entire Agreement, It is mutually agreed that the Parties hereto have herein set forth the <br />whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all <br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real <br />Property by City. <br />18, Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, <br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed <br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, <br />or about the Property, or transported any Hazardous Materials to or from the Property. 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 Property. The term "Hazardous Material" 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 (1) defined <br />as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section <br />25115, 25117 or 25122.7, or listed pursuant to Section 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 Section 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 Section 25501 of the California Health <br />and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and <br />Inventory), (iv) defined as a "hazardous substance" under Section 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 biphenyls, (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 />to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" <br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at sem. <br />(42 U.S.C. 56903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the <br />Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. <br />S9601 et sec. (42 U.S.C. S9601). <br />19. 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 <br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste <br />disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, <br />Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and <br />Comprehensive Environmental Response Compensation and Liability Acts, and the California <br />Environment Quality Act, and the rules, regulations, and ordinances of the city within which the <br />subject property is located, the California Department of Health Services, the Regional Water Quality <br />Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and <br />all applicable federal, state, and local agencies and bureaus. <br />20, Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and <br />against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, <br />punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising <br />out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any <br />Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the <br />Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, <br />permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or <br />transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity <br />shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense <br />arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, <br />disease, or death, tangible or intangible property damage, compensation for lost wages, business <br />25D-9 <br />