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C. Until the Closing, Tenant - Seller shall not do anything which would impair <br />Tenant- Seller's title to the Premises, the Improvements or the Tenancy 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 good <br />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 or the Tenancy Interest may be <br />subject. <br />F. 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. 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 used, <br />generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or <br />related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or <br />transported any Hazardous Materials to or from the Property or the Premises. Tenant - Seller shall <br />not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any <br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or <br />from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste <br />which is or becomes regulated by any local governmental authority, the State of California, or the <br />United States Government, including, but not limited to, any material or substance which is (i) <br />defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" <br />under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety <br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous <br />substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 <br />(Carpenter- Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous <br />material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and <br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and <br />Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and <br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) <br />petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as <br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California <br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant <br />to Section 311 of the Clean Water Act, (33 U.S:C. 51317), (x) defined as a "hazardous waste" <br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. <br />(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the <br />Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et <br />seq.(42 U.S.C. S6901). <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 />5 <br />