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13. Exceptions. City agrees to accept title to said real property subject to the following: exceptions: none,
<br />as listed on the First American Title Company Preliminary Report dated January 11, 2002.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-22, P.O. Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Seller is:
<br />1238 W. River Lane
<br />Santa Ana, CA 92706
<br />15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
<br />Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were
<br />raised or could have been raised in connection with the acquisition of said real 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, or
<br />the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall
<br />mean any substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of 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 hazardous
<br />waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
<br />and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous
<br />substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(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 Article
<br />11 of Title 22 of the California 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. 51317), (x) defined as a "hazardous
<br />waste pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et s_g.
<br />(42 U.S.C. 56903) or (xi) 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 et sec . (42 U.S.C.
<br />S9601). City shall conduct its own investigation (due diligence) to determine the presence of hazardous
<br />materials on, under, in, or about, to or from the Property. Prior to Seller's conveyance of the property interest,
<br />City shall have the right to provide written notice to Seller of any items disapproved and to cancel this
<br />Agreement, so long as construction has not commenced upon said real property.
<br />17. Compliance With Environmental Laws. Seller has not received any notice or is not aware of any
<br />notice filed or issued against said real property of violations of any applicable laws and governmental
<br />regulations including, without limitation, any applicable federal, state, and local laws pertaining to air and
<br />water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited
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