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hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
<br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
<br />the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
<br />under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
<br />"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
<br />local governmental authority, the State of California, or the United States Government, including, but not
<br />limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous
<br />waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(ll) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
<br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br />defined as a 'hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br />20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
<br />pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
<br />as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
<br />as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
<br />U.S.C. 56901 it seg. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section
<br />101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et sec. (42 U.S.C. 59601).
<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
<br />with all applicable laws and governmental regulations including, without limitation, all applicable federal,
<br />state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
<br />environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
<br />Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
<br />Response 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 Department
<br />of Health Services, the 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 />19. Contingen-e It is understood and agreed between the parties hereto that the completion of this
<br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
<br />City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said
<br />acceptance and approval.
<br />20. Modification and Amendment. This PSA may not be modified or amended except in writing signed
<br />by the Seller and City.
<br />21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
<br />which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the
<br />remaining provisions of this PSA shall remain in full force.
<br />22. Captions. Captions and headings in this PSA, Including the title of this PSA, are for convenience
<br />only and are not to be considered in construing this PSA.
<br />23. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
<br />State of California.
<br />24. No Reliance By One Party On The Other. Each party has received independent legal advice from its
<br />attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The
<br />provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon
<br />any attribution to such party as the source of the language in question.
<br />25J-9
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