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14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
<br /> P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing
<br /> address of the Seller is:
<br /> CFRI/Greenlaw Dyer Road, LLC
<br /> c/o Greenlaw Partners, LLC
<br /> ATTN: Wilbur H. Smith III
<br /> 4440 Von Karman Avenue, Suite 150
<br /> Newport Beach, CA 92660
<br /> 15. Exceptions. City agrees to accept title to said real property subject to the following
<br /> exceptions listed on the September 28, 2007 Preliminary Title Report prepared by First American
<br /> Title Company: #4 through #21 ("Permitted Exceptions"), described in greater detail in Attachment
<br /> 4, attached hereto and by this reference made a part hereof.
<br /> 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the
<br /> whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every,
<br /> and all issue(s) that were raised or could have been raised in connection with the acquisition of
<br /> said real property by City.
<br /> 17. Hazardous Waste. To the best of Seller's knowledge, Seller has not used, generated,
<br /> released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related
<br /> materials ("Hazardous Materials") on, under, in, or about said real property, or transported any
<br /> Hazardous Materials to or from said real property in violation of any law. Seller shall not cause or
<br /> 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 ar from, said
<br /> real property in violation of any law. The term "Hazardous Material" shall mean any substance,
<br /> material, or waste which is or becomes regulated by any local governmental authority, the State of
<br /> California, or the United States Government, including, but not limited to, any material or
<br /> 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
<br /> the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br /> (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety
<br /> Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act),
<br /> in defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section
<br /> 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br /> Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section
<br /> 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br /> Hazardous Substances), (v) asbestos, (vi) polychlorinated biphenyls, (vii) listed under Article 9 or
<br /> defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br /> Administrative Code, Division 4, Chapter 20, (viii} designated as a "hazardous substances"
<br /> pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (ix) defined as a "hazardous
<br /> 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 (x) defined as a "hazardous substances" pursuant to Section
<br /> 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act,
<br /> 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws.
<br /> a, To the best of Seller's knowledge, Seller has not received any notices that said real
<br /> property does not comply with all applicable laws and governmental regulations including, without
<br />
<br /> limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous
<br /> Pnge d of 27
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