|
18. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
<br />tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed
<br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
<br />or about the Property, or transported any Hazardous Materials to or from the Property. 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 Property. The term "Hazardous Material" 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) defined
<br />as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 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 Section 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 Section 25501 of the California Health
<br />and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
<br />Inventory), (iv) defined as a "hazardous substance" under Section 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 biphenyls, (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 to
<br />Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant
<br />to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at seg. (42 U.S.C.
<br />S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sem. (42
<br />U.S.C. S9601).
<br />19. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable laws and governmental regulations including, without limitation, all
<br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste
<br />disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air,
<br />Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and
<br />Comprehensive Environmental Response Compensation and Liability Acts, and the California
<br />Environment Quality Act, and the rules, regulations, and ordinances of the city within which the
<br />subject property is located, the California Department of Health Services, the Regional Water Quality
<br />Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and
<br />all applicable federal, state, and local agencies and bureaus.
<br />20. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
<br />against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br />punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
<br />out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
<br />Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
<br />Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
<br />permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
<br />transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
<br />shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
<br />arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
<br />disease, or death, tangible or intangible property damage, compensation for lost wages, business
<br />income, profits or other economic loss, damage to the natural resource or the environment,
<br />nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
<br />This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller
<br />shall not be responsible for acts or omissions to act post close of this escrow.
<br />
|