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of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br />Substance Account AcU/iii)d��D���S8/'hoz@njouunnet��8�'/'�G�8r�0unwubu�anoB/'Vr''hGz8rdouy
<br />Act), (iii) . .
<br />waste" under Section 255O1Of the California Health and Safety Code, Division 20. Chapter 8,05
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined aG8 "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20. Chapter 6.7 (Underground
<br />Storage Of Hazardous SUbst8Dc8S)/(V) petroleum, (vi) asbestos, /Vii\ polychlorinated hiphe8y|S//Viii\
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22
<br />of the California Administrative Code, Division 4' Chapter 20/(ix) designated 8s8"hazardous
<br />eUhS<@Ores« pUc6U8nt to Section 311 Of the Clean Water /\(t. (33 U.S.C. S1317), hA defined as 8
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42U.S.C.
<br />S8901 8<sel. /42U.S.C.S6O03\8[h(i\ defined 8S6 "hazardous substances" pursuant tu Section 101 of
<br />the C0Dlp���8DGiVe EUVirO8nAeDtGl R98pDDoo. Cunlp8no8tiOD, as amended by Liability Act, 47. [}.&C.
<br />S9601 8t sea. /42U,S.C.S9601\,
<br />18. Compliance With Environmental Laws. To the best Of Sellers 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 CODfro|' Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />FnVir0D08Rial Response Cnmp8OSnti0R 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 ofHealth 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 daDlage.
<br />O| expense (inu|udiOg.without limitation, attorneys' fees), resulting from, arising out of, or based upon
<br />(i) the pF88eDoe. rele8Se. USe/ g8DVrRtiOO, discharge' storage, or disposal of any Hazardous Material on'
<br />UOde[, in or abuUt, or the transportation of any such materials t0 Or from, the Property, or (ii) the
<br />violation, Or alleged violation, Vf any statute, ordinance, order, rule, regulation, permit, judgment, ur
<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, peA8|ty, punitive damage, 000t. Or expense arising from ur out nf any claim,
<br />action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or
<br />intangible property domage. compensation for lost wages, bUGiD8sG income, profits or other economic
<br />|888/ damage to the natural resource or the environment, nuisance, pollution, COOt8DliD8Unn. leak,
<br />spill, release, or other adverse effect on the environment). This indemnity extends only to liability created
<br />prior t0orupto the date this escrow shall close. Seller shall not h8 responsible for acts 0| omissions to
<br />act post close 8f this escrow.
<br />30, Contingency. Itio understood and agreed between the parties hereto that the completion 8fthis
<br />tr8nS8Cti0U, and the escrow created he[ebV, i6 contingent upon the specific acceptance and approval of
<br />the City herein. The execution Ofthese documents and the delivery O[ 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 rfthis PS/\ that iu unenforceable o| invalid nr 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 PS/\ 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 />RP
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