sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless,
<br />Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that
<br />situation, and hereby expressly waives any and all rights which Seller may have under California Civil
<br />Code Section 1542, or under any statute or common law or equitable principal or similar effect.
<br />This acknowledgement and release shall survive the Close of Escrow.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
<br />Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address
<br />of the Seller is 16456 Bernardo Center Drive, Suite 201, San Diego, CA 92128.
<br />15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE.
<br />16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole
<br />of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that
<br />were raised or could have been raised in connection with the acquisition of Said Real Property by City.
<br />17. 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 of
<br />any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or
<br />about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />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 which
<br />is or becomes regulated by any local governmental authority, the State of California, or the United
<br />States Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"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 Code,
<br />Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under
<br />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 material",
<br />"hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety
<br />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,
<br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi)
<br />asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or
<br />"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division
<br />4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water
<br />Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. S6901 et sue. (42 U.S.C. S6903) or (xi) defined as a
<br />"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601).
<br />18. 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 subject
<br />property is located, the California Department of Health Services, the Regional Water Quality Control
<br />
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