|
of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
<br />Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety
<br />Code, Division 20, Chapter 6.8 (Carpenter- Presley - Tanner Hazardous Substance Account Act),
<br />(iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under
<br />§25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
<br />Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />§25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,
<br />(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
<br />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
<br />designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
<br />U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. S6903) or (xi) defined as a
<br />"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901).
<br />22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -
<br />Seller's knowledge, the Premises and its use complies with all applicable laws and governmental
<br />regulations including, without limitation,.all applicable federal, state and local laws pertaining to
<br />air and water quality, hazardous waste, waste disposal and other environmental matters,
<br />including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations and ordinances of the city within which the subject Property is located, the California
<br />Department of Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Environmental Protection Agency and all applicable federal, state
<br />and local agencies and bureaus.
<br />23. INDEMNITY. Tenant- Seller agrees to indemnify, defend and hold Buyer
<br />harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability,
<br />deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys'
<br />fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation,
<br />discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the
<br />transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged
<br />violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating
<br />to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
<br />Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without
<br />limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or
<br />out of any claim, action, suit or proceeding for personal injury (including sickness, disease or
<br />death, tangible or intangible property damage, damage to the natural resource or the
<br />environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on
<br />the environment. This indemnity extends only to acts or omissions of Tenant - Seller herein.
<br />24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce
<br />any provision of this Agreement, the party prevailing in such action shall be entitled, in addition
<br />to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs.
<br />C
<br />
|