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designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C.
<br />S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation
<br />and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous
<br />substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, 42. U.S.C. S6901, et seq. (42 U,S.C. 56901).
<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 Environment 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 caused by Tenant- Seller, except with respect to substances and
<br />materials attendant to the operation of an ordinary family dental practice that may comprise same,
<br />or (ii) the violation, or alleged violation by Tenant - Seller, of any statute, ordinance, order, rule,
<br />regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage,
<br />disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises.
<br />This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive
<br />damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal
<br />injury (including sickness, disease or death, tangible or intangible property damage, damage to the
<br />natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other
<br />adverse effect on the environment proximately caused by Tenant - Seller. This indemnity extends
<br />only to acts or omissions of Tenant- Seller herein. This indemnity extends only to acts or omissions
<br />of Tenant- Seller prior to or up to the Possession Date. Tenant- Seller shall not be responsible for
<br />acts or omissions after the Possession Date.
<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. COUNTERPARTS. This Agreement may be executed in counterparts and when so
<br />executed by both parties, 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 />251 -22
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