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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 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 /> 11. Hazardops 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 or from,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 25115, 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), (lii) 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, Olvision 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. S1317), (x) defined as a
<br /> "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.
<br /> 36901 el seq. (42 U.S.C. 36903)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 atm. (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 /> federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and
<br /> other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
<br /> Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br /> Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
<br /> and the rules, regulations, and ordinances of the city within which the subject property is located, the
<br /> California Department of Health Services, the Regional Water Quality Control Board, the State Water
<br /> Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
<br /> local agencies and bureaus.
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