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<br />Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or
<br />"extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />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. Sl 31 7),
<br />(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. 56901 et ~(42 U.S.C. 56903) or (xi)
<br />defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601
<br />et~(42 U.S.C. 59601).
<br />
<br />17. ComDliance With Environmental Laws. To the best of Seller's knowledge the
<br />Property complies with all applicable laws and governmental regulations including,
<br />without limitation, all applicable federal, state, and local laws pertaining to air and water
<br />quality, hazardous waste, waste disposal, and other environmental matters, including, but
<br />not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste
<br />Disposal, Resource Conservation Recovery and Comprehensive Environmental
<br />Response Compensation and Liability Acts, and the California Environment Quality
<br />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
<br />Quality Control Board, the State Water Resources Control Board, the Environmental
<br />Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br />
<br />18. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from
<br />and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency,
<br />fine, penalty, punitive damage, or expense (including, without limitation, attorneys'
<br />fees), resulting from, arising out of, or based upon (i) the presence, release, use,
<br />generation, discharge, storage, or disposal of any Hazardous Material on, under, in or
<br />about, or the transportation of any such materials to or from, the Property, or (ii) the
<br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit,
<br />judgment, or license relating to the use, generation, release, discharge, storage, disposal,
<br />or transportation of Hazardous Materials on, under, in, or about, to or from, the Property.
<br />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
<br />Page 6 of 13 Seller's Initials
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