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19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases
<br />contained herein and agreement conceming this transaction, all the rights and obligations created
<br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases
<br />contained herein and the Closing of this transaction.
<br />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,
<br />material claims, legal proceedings, or any other proceedings affecting the Improvements,
<br />Movable Equipment, the Tenancy Interest or any portion thereof, at law or in equity, before any
<br />court or governmental agency.
<br />B. Until the Closing, Tenant -Seller shall maintain the Improvements,
<br />Movable Equipment, and the Premises in good condition and state of repair and maintenance,
<br />and shall perform all of its obligations under any service contracts or other contracts affecting the
<br />Improvements, Movable Equipment, and the Premises.
<br />C. Until the Closing, Tenant - Seller shall not do anything which would impair
<br />Tenant- Seller's title to the Premises, the Improvements, Movable Equipment, or the Tenancy
<br />Interest.
<br />D. 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
<br />good working order.
<br />E. 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 Improvements, Movable Equipment, or the
<br />Tenancy Interest maybe subject.
<br />F. Until the Closing, Tenant - Seller shall, upon learning of any fact or
<br />condition which would cause any of the warranties and representations in this Paragraph 20 not
<br />to be true as of Closing, immediately give written notice of such fact or condition to Buyer.
<br />21. HAZARDOUS WASTE. Neither Tenant - Seller nor, to the best of Tenant- Seller's
<br />knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has
<br />used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic
<br />substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or
<br />the Premises, or transported any Hazardous Materials to or from the Property or the Premises.
<br />Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage,
<br />or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any
<br />Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any
<br />substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, or the United States Government, including, but not limited to, any
<br />material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ",
<br />or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140
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