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<br />§25231 of the California IIoalth and Safety Code, Division 20, Chapter 63 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vil) polychlorunated byphenyls,
<br />(viii) listed under Article 9 or defined as ,iaazardone or "extromely hazardous" pursuant to
<br />Article 11 of 'Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
<br />designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
<br />U.S,C. 51317), (x) defined as a "hazardous waste" pursuant to Sootion 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. 56901 of seq. (42 U.S.C. 56903) or (xi) defined as a
<br />"hazardous substances" pursuant to Section 101 of tile Comprehensive Environmental Response,
<br />Compensation, and Liability Act, 42. U.S.C. 56901, et sect, (42 U,S,C, 56901).
<br />22, C(�ivuuh[CB WITH ENVIRONMBNTAL LAM, To the best of Tenant -
<br />Seller's knowledge, tine Premises and its use complies with all applicable laws and governmental
<br />regulations including, without limitation, nit applicable federal, state and local laws pertaining to
<br />air and water quality, hazardous waste, waste disposal and other environmental matters,
<br />jaehuiing, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, .Resource Conservation Recovery and Comprehensive EnvitroannentaI Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations and ordinances of tine City within which the subject Property is located, the California
<br />Department of Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Enviroatmental Protection Agency and all applicable federal, state
<br />nil([ local agencies and bureaus.
<br />23, INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer
<br />harmless from and against any claim, action, snit, proceeding, loss, cost, damage, liability,
<br />deficiency, fine, penalty, punitive damage, or expense (Including, without limitation, attorneys'
<br />fees), resetting from, arising out of, or based upon (i) the presence, release, use, generation,
<br />discharge, storago, or disposal of any Hazardous Material on, under, in, or about, or the
<br />transportation of any such materials to or from, the Promises, or (it) tine violation, or alleged
<br />violation, of any statute, ordinance, order, role, regulation, permit, judgment, or license relating
<br />to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
<br />Materials on, under, in, or about, to or from, the Premises, This ludoninity shall Include, without
<br />limitation, any damage, liability, fide, penalty, punitive damage, cost, or expense arising from or
<br />out of ally claim, action, suit or proceeding for personal injury (including sickness, disease or
<br />death, tangible or Intangible property damage, damage to the natural resource or tine
<br />enviroaiment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on
<br />tine enviroamnent, ']'his indenuthy extends only to acts or emissions of Tenant�Saller herein,
<br />24. ATTORNEYS' PEES, if legal aotion is required in order to construe or enforce
<br />any provision of this Agreement, the party prevailing in such a -tioan shall be entitled, in addition
<br />to such other relief as may be granted, to a reasonable still, as its attorneys' fees and costs.
<br />25, COUNTFRPART,s, This Agreement may be executed in counterparts and when
<br />so executed by both patties, each counterpart will constitute an original document,
<br />26, BINDING ErRECT. The terms, conditions, ooveoants and agreements set forth
<br />herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the
<br />parties hereto.
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