|
"A general release does not extend to claims which the creditor does not know or suspect
<br />to exist in his or her favor at the time of executing the release, which if know by him or her
<br />must have materially affected his or her settlement with the debtor."
<br />Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently
<br />unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained,
<br />may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
<br />acknowledges that this Agreement has been negotiated and agreed upon In light of that situation, and
<br />hereby expressly waives any and all rights which Seller may have under California Civil Code Section
<br />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. Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Seller is 25 Brookline Aliso Viejo, CA 92656.
<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 Hazardous
<br />Materials on, under, in, or about, or the transportation of any Hazardous Materials to orfrom, the Property.
<br />The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes
<br />regulated by any local governmental authority, the State of California, or the United States Government,
<br />including, but not limited to, any material or substance which is (I) defined as a "hazardous waste",
<br />"extremely hazardous waste", or "restricted hazardous waste" under Section 26115, 25117 or 25122.7,
<br />or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the
<br />California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous
<br />Substance Account Act), (ill) defined as a "hazardous material", "hazardous substance", or "hazardous
<br />waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br />22 of the California Administrative Code, Division 4, Chapter 20, (Ix) designated as a "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 81317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et seq. (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 applicable
<br />
|