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raised or could have been raised in connection with the acquisition of said re«x property by City.
<br />16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
<br />waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or
<br />transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
<br />use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about,
<br />or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material"
<br />shall mean any substance, material, or waste which is or becomes regulated by any local governmental
<br />authority, 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 "restricted
<br />hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
<br />California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
<br />"hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter
<br />6.8 (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 Code,
<br />Division 20, 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 20, Chapter
<br />6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated
<br />biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
<br />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a
<br />"hazardous 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 />S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
<br />sue. (42 U.S.C.. S9601).
<br />17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with
<br />all applicable Iaws and governmental regulations including, without limitation, all applicable federal, state,
<br />and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental
<br />matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
<br />ordinances of the city within which the subject property is Iocated, the California Department of Health
<br />Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
<br />Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br />18, Indemnity. Seller agrees to indemnify, .defend and hold the City harmless from and against any claim,
<br />action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
<br />(including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence,
<br />release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or
<br />the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of
<br />any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
<br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or.about, to or
<br />from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
<br />punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal
<br />injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost
<br />wages, business income, profits or other economic loss, damage to the natural resource or the environment,
<br />nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the enviromnent). This
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