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issues) that were raised ar could have been raised in connection with the acquisition of said real property by <br />Agency. each party shall be solely responsible far ~.~~ brokers or broker fees in conjunction wig this <br />transaction. <br />1 ~, ~Ia~ardous waste. neither Seller nor, to the best of teller's knowledge, ar~y previous owner, tenant, <br />occupant, ar user of the Property used, generated, released, discharged, stored, ~~ disposed of any hazardous <br />waste, toxic substances, ar related materials ~"Hazardous Materials"`} on, under, ins ar about the Property, or <br />transported any I~a~ardous Materials to ar from the Property. Seller shall not cause or permit the presence, use, <br />generation, release, discharge, storage, or disposal of any ~a~ardous Materials an, under, in, or about, or the <br />transportation of any Ha~ardaus Materials to or from, the Property. fihe term "Hazardous Ma#erial" shall mean <br />any substance, material, or waste ~rhich is or becomes regulated by any local governmental authority, the State <br />of Cali`arnxa, or the United States overn~nent, including, but not limited to, any material or substance which is <br />~i} defined as a'hazardous waste"', "'extremely hazardous ~raste'~, or "restricted ha~ardaus waste" under Section <br />~l 15, ~~ # #~' or 2~~~~.7, or listed pursuant to Sect~an X5144 of the California ~ealtla and. Safety Code, <br />D~vlslon ~0, Chapter ~.~ ~~azardaus waste Control La~v}, iii} defined as "hazardous substance" under Section <br />1 ~ of the California health and Safety Code l]ivision Z4, Chapter ~. $ ~CarpnterMPresley-Tanner hazardous <br />~...~ <br />ubstanCe Account ~~~ , X11 de~~~d ~ ~. "hazardous rnatenal"', "'hazardous substance"~ ~~'hazardous waste`" <br />under Section ~~541 of the California Health and Safety Cade, Division ~4, Chapter x.95 Hazardous Materials <br />Release Response Plans and ~nventory~, ~iv~ defined as a "'hazardous substance"" under section X5251 of the <br />California Health and. Safety Code, division ~0, Chapter ~.7 Underground Storage Qf Hazardous Substances, <br />~v} petroleum, ~vi~ asbestos, vii} polychlorinated biphenyls, ~viii~ listed under Article ~ ar defined as <br />"'hazardous" ar "extremely hazardousr' pursuant to Article 11 of Title ~~ of the California Administrative Code, <br />Division 4, Chapter ~U, ~ix~ designated as . "hazardous substances" pursuant to Section ~ 1 # of the Clean water <br />Act, ~~ U.S.C. S 1~ ~ 7}, {x~ defined as a "`hazardous waste#' pursuant to Section 1404 of the Resource <br />Conservation and Recovery Act, 42 U.S.C. S~4t et sue. ~~ U.Q.C. 5903} or (xis defined as a „hazardous <br />substances" pursuant to Section 141 of the Comprehensive Er~viranmental Response, Compensation, as <br />amended by Liability Act, 42. U.S.C~ 5901 et s,. X42 U.S.C. 59~41~~ <br />1"~. Con~plia~ce nth Enviraru~en~~a~~, La~v, T`a the best of Seller"s no~lede the Property complies with all <br />applicable laws and governmental regulations including, without limitation, all applicable federal, state, and <br />local laws pertaining to air and water quality, hazardous waste, waste disposal, and other envirarunental matters, <br />including, but not limited to, the Clean 'ter, Clean Air, Federal water Pollution Control, Solid waste <br />I3ispoal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and <br />Liability Acts, and the kalif arnia Environment duality A.ct, and the rules, regulations, and oxdinances off' tie <br />Seller within which the subject propel is lQCated, the California l]epartinent of Health Services, the Regional <br />water duality Control hoard, the State .Water Resources Control ~oaxd, the Environmental Protection Agency, <br />and all applicable federal, state, and local agencies and bureaus. <br />1 ~. ~nden~ni .Seller agrees to indemnify, defend. and hall the Agency harmless from and against any <br />claim, action, suit, proceeding, lass, cast, dan~.age, liability, deficiency, nee penalty, punitive damage, or <br />expense including, without limitation, attorneys' fees}, resulting from, arising out af, ar based upon ~}~ the <br />presences release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in ar <br />about, ar the transportation of any such materials to ar from, the Property, or ~ii~ the violation, or alleged <br />violation, of any statute, ordinance, order, rule, regulatian~ permit, judgment, or license relating to the use, <br />generation, release, discharge, storage, diposalx or transportation of Hazardous Materials on, under, in, or <br />about, to or from, the Property. This znden~nity shad include, without lirnitatran, any damage, liability, fine, <br />penalty, punitive damage, cast, or expense arising franc or out of any claim, action, suit ar proceeding far <br />personal injury including sickness, disease, or deathx tangible or intangible property damage, compensation for <br />~as# wages, business ~ncon~e, profits or other economic Ions, damage to the natural resource or the environment, <br />nuisance, pollution, oantaminat1on, leak, spillx release, or other adverse effect on the environment}. This <br /> <br />