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improvement thereon, or any preliminary steps thereto. This Agreement does not,
<br />and shall not be construed to, require Seller to indemnify Buyer for damages which
<br />may arise as a result of Buyer's efforts to construct improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />15. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
<br />P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
<br />address of the Seller is 1013 S. Elliot Place, Santa Ana, CA 92704.
<br />16. Exceptions. City agrees to accept title to said real property subject to the following:
<br />NONE.
<br />17. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
<br />whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
<br />issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
<br />Property by City.
<br />18. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
<br />owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored,
<br />or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous
<br />Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from
<br />the Property. Seller shall not cause or permit the presence, use, generation, release, discharge,
<br />storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of
<br />any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any
<br />substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, 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
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
<br />Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
<br />Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
<br />Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
<br />"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
<br />Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
<br />"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,
<br />(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
<br />hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
<br />Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
<br />Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of
<br />the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi)
<br />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 seq.
<br />(42 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,
<br />waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
<br />Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
<br />Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and
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