|
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 />T. To the best of Tenant-Sollar's knowledge, nolther the execution or 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'fenancy Interest may be
<br />subject.
<br />F. Until the Closing, Tenant -Seller shall, upon learning of any ;Pact or condition
<br />Which Would Cause any of the warranties and rnprnsen,titinns In this Paragraph 20 not to be true n,6
<br />of Closing, immediately give written notice of such fact or condition to'13uyer,
<br />21. HAZARDOUS WASTE. Neither Tenant-Sellcr 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 ar 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 />froin the Prurnlses. The term " Hazardous Materials" shall mean, any substance, material, or waste
<br />which IF or becomes regulated, by any local governmental authority, the State of California, or the
<br />United States Governmont:, inahrding, but nnt 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 oftlic California Health and Safely
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (fl) defined as "hazardous
<br />substance" under §25316 of the California Health and Safety Code, .Division 20, Chapter 6.8
<br />(Carpcntar-Preslcy-Tanner llazardous Substance ,Acoount Act), (Iii) defined era a "bwarduus
<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 />Adminiatrative Code, ,Division, 4, Chapter 20, (ix) dosignatod as a "hazardous substances" pursuant
<br />to Section 311 of the Clean Water Act, (33 U.S.C. 81317), (x) defined as a "hazardous waste"
<br />pursuant to Seed on 1004 of the Resource Conservation and Recovery Act, 42 U.S.C, 56901 et seq.
<br />(42 U.S,C. $8903) 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- 56901).
<br />22. f'OMPl IANCR WITH MYIRONMENTAL LAWS. To the hest ni`Tcnani.=Rcllcr's
<br />knowledge, the Premises and its use complies rwlth all appiivable laws and buvurnrnuntal regulations
<br />Including, without litnhation, all applicable federal, state and local laws pertaining to air and water
<br />quality, hazardous waste, waste disposal and other environmental matters, including, but not limited
<br />to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Reeov€ry and Comprehensive Environmental Response Compannation and Liability
<br />25F-38
<br />
|