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Use, neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant,
<br />or user of the Property 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 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 in violation of applicable laws on, under, in, or about, or the transportation
<br />of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean
<br />any substance, material, or waste which is or becomes regulated by any local governmental
<br />authority, the State of California, or the United States Government, including, but not limited to,
<br />any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous
<br />waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed
<br />pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of
<br />the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner
<br />Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous
<br />substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code,
<br />Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory),
<br />(iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety
<br />Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
<br />(vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous"
<br />or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
<br />Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of
<br />the Clean Water Act, (33 U.S.C. Section 1317), (x) defined as a "hazardous waste" pursuant to
<br />Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seg.
<br />(42 U.S.C. Section 6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42.
<br />U.S.C. Section 9601 et sec. (42 U.S.C. Section 9601).
<br />18. 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,
<br />waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
<br />Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
<br />Recovery and Comprehensive Environmental Response Compensation and Liability Acts, the
<br />California Environment Quality Act, the rules, regulations, and ordinances of the city within which
<br />the subject property is located, the California Department of Health Services, the Regional Water
<br />Quality Control Board, the State Water Resources Control Board, the Environmental Protection
<br />Agency, and all applicable federal, state, and local agencies and bureaus.
<br />19. 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 (i) the presence, release, use, generation, discharge, storage, or disposal
<br />of any Hazardous Material on, under, in or about, or the transportation of any such materials to
<br />or from, the Property, in each case to the extent occurring prior to the close of escrow; or (ii) the
<br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment,
<br />or license relating to the use, generation, release, discharge, storage, disposal, or transportation
<br />of Hazardous Materials on, under, in, or about, to or from, the Property, in each case to the extent
<br />occurring prior to the close of escrow. This indemnity shall include, without limitation, any
<br />damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim,
<br />action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
<br />-A, -6-
<br />4833- 3742 - 9053.3
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