|
waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br />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. S1317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />S6901 et se q. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et sea. (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable laws and governmental regulations including, without limitation, all applicable
<br />federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and
<br />other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
<br />Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,
<br />and the rules, regulations, and ordinances of the city within which the subject property is located, the
<br />California Department of Health Services, the Regional Water Quality Control Board, the State Water
<br />Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and
<br />local agencies and bureaus.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br />any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
<br />or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
<br />(1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on,
<br />under, in or 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, judgment, or
<br />license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous
<br />Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation,
<br />any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim,
<br />action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
<br />intangible property damage, compensation for lost wages, business income, profits or other economic
<br />loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak,
<br />spill, release, or other adverse effect on the environment). This indemnity extends only to liability created
<br />prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
<br />act post close of this escrow.
<br />20. Contingency. It is understood and agreed between the parties hereto that the completion of this
<br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of
<br />the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute
<br />said acceptance and approval.
<br />21. Modification and Amendment. This PSA may not be modified or amended except in writing
<br />signed by the Seller and City.
<br />22, Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of
<br />which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all
<br />the remaining provisions of this PSA shall remain in full force.
<br />23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
<br />only and are not to be considered in construing this PSA.
<br />
|