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<br />15. ExceDtlons. City agrees to accept tiUe to said real property subject to the following:
<br />NONE.
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<br />16. En..? Aareement. It Is mutually agree. d thlltthe parties hereto have herein set forth
<br />the whole 0 their Agreement. Performance of this Agreement by City shall lay at rest, each,
<br />every, and all issue(s) that were raised or could have been raised in connaction with the
<br />acquisition of said real property by City.
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<br />17. H""rdouI Wnw. Neither Seller nor, to the beet 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 />Meterials") on, under, In. or about the Property, or transported any Hazardous Materials to or
<br />from the Property. Seller shall not cause or permit the presence. use. generation. release.
<br />discharge, storage. or disposal of any Hazardous Materials on, under. in, or about, or the
<br />transportation of any Hazardous Materials to or from. the Property. The term "Hazardous
<br />Material" shall mean any substance, material; or waste which is or become. regulated by any
<br />local governmental authority, the State of Callfomia. or lhe United States Govemmen~
<br />including. but not limited to. any material or substance which is (i) defined a8 a "hazardous
<br />waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115,
<br />25117 or 25122.7, or listed pursuant to Section 25140 of the Califomia Health and Safety Code,
<br />DMsIon 20, Chapter 6.5 (Hazardous Waste Control Law). (II) defined as "hazardous substance"
<br />under Sectfon 25316 of the Callfomla Health and Safety Code, DIVIsIOn 20, Chapter 6.8
<br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (Iii) defined 81 a ~hazardous
<br />material", "hazardous substance", or "hazardous waste" under SecIIon 25501 of tha California
<br />Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response
<br />Plans and Inventory). (Iv) defined as a "hazardous substance" under Sactlon 25281 of the
<br />California Health and Safety Code, Divl610n 20. Chapter 6.7 (Underground Storage of
<br />Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls. (viii) listed
<br />under ArtIcle 9 or defined a8 "hazardous" or "extremely hazardous" pursuant to ArtlcIe 11 of
<br />Title 22 of the California Administrative Code, Divlslon 4, Chapler 20, (Ix) designated 8S a
<br />"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317),
<br />(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation end
<br />Recovery Act, 42 U.S.C. S6Q01 Illllll. (42 U.S.C. S6903) or (xi) defined as a "hazardous
<br />substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation. as amended by Llablllty Act. 42. U.S.C. se601 at!!!!. (42 U.S.C. S(601).
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<br />18. ComDllanc8 With Environmental Laws. To the best of Seller's knowledge the
<br />Property complies with ell applicable laws and governmental regulations including, without
<br />limitation, all applicable federal, state. and local laws pertaining to air and water quality,.
<br />hazardous waste, waste disposal, and Olller environmental matters, inclUding, but not limited to,
<br />the Clean Water, Clean Jlljr. Federal Water Pollution Control, Solid Waste DIsposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation and
<br />LIability Acta, and the California Environment Quality Act, and the rules, regulations, and
<br />ordinances of the city within which the subject property Is located, the California Department of
<br />Health ServIces, the Regional Water Quality Control Board, the State Water Resources Control
<br />Board, the Environmental Protection Agency, and all applicable federel, state, and local
<br />agencies and bureaus.
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<br />19. Indemnltv. Seller agrees to Indemnify, defend and hold the City harmlesa from and
<br />against any claim. action. suit. proceeding, loss, cost, damage, liability, deficiency, fine, penalty.
<br />punitive damage, or expense (including, without limitation, attorneys' fees), resulUng from,
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