20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT -
<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 Conveyed Improvements, the
<br />Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental
<br />agency.
<br />B. Until the Closing, Tenant - Seller shall not do anything which would impair
<br />Tenant - Seller's title to the Premises, the Conveyed Improvements or the Tenancy Interest.
<br />C. 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 />D. 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 Conveyed Improvements or the Tenancy
<br />Interest may be subject.
<br />E. 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. To the best of Tenant - Seller's knowledge, except for the
<br />substances and materials attendant to the operation of an ordinary family dental practice that may
<br />comprise same, neither Tenant - Seller nor any previous owner, tenant, occupant or user of the
<br />Property or the Premises, has used, generated, released, discharged, stored, or disposed of any
<br />hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or
<br />about the Property or the Premises, or transported any Hazardous Materials to or from the Property
<br />or the Premises. Except for the substances and materials attendant to the operation of an ordinary
<br />family dental practice that may comprise same, Tenant - Seller shall not cause or permit the presence,
<br />use, generation, release, discharge, storage, or disposal of may Hazardous Materials on, under, in, or
<br />about, or the transportation of any Hazardous Materials to or from the Premises. The term
<br />"Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated
<br />by any local governmental authority, the State of California, or the United States Government,
<br />including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ",
<br />"extremely hazardous waste ", or "restricted hazardous waste" under §25115, §25117 or §25122.7,
<br />or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the
<br />California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or
<br />"hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter
<br />6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
<br />substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated
<br />byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant
<br />to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
<br />5
<br />251 -21
<br />
|