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EXHIBIT A TO EXHIBIT 4
<br />conditions of this Agreement and this Agreement shall be deemed cancelled. Seller shall be provided
<br />a copy of all reports and test results provided by Buyer's environmental consultant promptly after
<br />receipt by the Buyer of any such reports and test results without any representation or warranty as to
<br />their accuracy or completeness; provided however, Buyer will not be required to deliver any such
<br />reports or test results if the written contract which Buyer entered into with the environmental consultant
<br />who prepared such report or test results specifically forbids the dissemination of the report or test results
<br />to others.
<br />Buyer shall bear all costs, if any, associated with restoring the Real Property to
<br />substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by
<br />Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer
<br />during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel
<br />satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all
<br />costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys' fees or mechanics'
<br />liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer's
<br />agents, contractors or subcontractors and the contractors and subcontractors of such agents, but in no
<br />event shall the indemnity of this Section 5 include the discovery of pre-existing conditions by Buyer
<br />or any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its
<br />consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive any
<br />termination of this Agreement or the Close of Escrow.
<br />"Hazardous Materials" means any substance, material, or waste which is or becomes
<br />regulated by any local governmental authority, the County, the State of California, regional
<br />governmental authority, or the United States Government, including, but not limited to, any material
<br />or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted
<br />hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
<br />California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
<br />defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code,
<br />Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined
<br />as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
<br />Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California
<br />Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
<br />(v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or
<br />defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to
<br />Section 311 of the Clean Water Act (33 U.S.C. § 1317), (x) defined as a "hazardous waste" pursuant to
<br />Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C.
<br />§6903) or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq.
<br />(b) No Warranties as To the Real Property. The physical condition and possession
<br />of the Real Property, is and shall be delivered from Seller to Buyer in an "as is" condition, with no
<br />warranty expressed or implied by Seller, including without limitation, the presence of Hazardous
<br />Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults,
<br />or the suitability of the Real Property for development purposes. In addition, Seller makes no
<br />representations, warranties or assurances concerning the Real Property, its suitability for any particular
<br />use or with regard to the approval process for entitlements as to the Real Property.
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