|
Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as"hazardous substance"
<br /> under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-
<br /> Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous
<br /> 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
<br /> as a "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, (vii)
<br /> 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, Chapter
<br /> 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
<br /> 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 seas (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 sea. (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 /> Board, the State Water Resources Control Board, the Environmental Protection Agency, and all
<br /> applicable federal, state, and local agencies and bureaus.
<br /> 19. Jndemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br /> any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br /> damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or
<br /> based upon (i)the presence, release, use, generation, discharge, storage, or disposal of any Hazardous
<br /> Material on, under, in or about, or the transportation of any such materials to or from, the Property, or
<br /> (ii)the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit,judgment,
<br /> or license relating to the use, generation, release, discharge, storage, disposal, or transportation of
<br /> Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include,
<br /> without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or
<br /> out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
<br /> tangible or intangible property damage, compensation for lost wages, business income, profits or other
<br /> economic loss, damage to the natural resource or the environment, nuisance, pollution,
<br /> contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends
<br /> only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible
<br /> for acts or omissions to act post close of this escrow.
<br /> 20. Contingency. It is understood and agreed between the parties hereto that the completion of
<br /> this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
<br /> approval of the City herein. The execution of these documents and the delivery of same to Escrow
<br /> Agent constitute said acceptance and approval.
<br /> 21. Modification and Amendment. This PSA may not be modified or amended except in writing
<br /> signed by the Seller and City.
<br />
|