POLICIES, GUIDELINES, COURT ORDERS, DECREES, ARBITRATION
AWARDS AND THE COMMON LAW, WHICH PERTAIN TO ENVIRONMENTAL MATTERS, CONTAMINATION
OF ANY TYPE WHATSOEVER OR HEALTH AND SAFETY MATTERS, AS SUCH HAVE BEEN AMENDED,
MODIFIED OR SUPPLEMENTED FROM TIME TO TIME (INCLUDING ALL PRESENT AND FUTURE
AMENDMENTS THERETO AND RE-AUTHORIZATIONS THEREOF).
FOR PURPOSES OF THIS
AGREEMENT,
8
"HAZARDOUS SUBSTANCES" SHALL MEAN: ANY CHEMICAL, POLLUTANT, CONTAMINANT,
PESTICIDE, PETROLEUM OR PETROLEUM PRODUCT OR BY PRODUCT, RADIOACTIVE SUBSTANCE,
SOLID WASTE (HAZARDOUS OR EXTREMELY HAZARDOUS), SPECIAL, DANGEROUS OR TOXIC
WASTE, SUBSTANCE, CHEMICAL OR MATERIAL REGULATED, LISTED, LIMITED OR PROHIBITED
UNDER ANY ENVIRONMENTAL LAW OR ANY MATERIAL OR SUBSTANCE WHICH IS (I) DEFINED AS
A "HAZARDOUS WASTE," "EXTREMELY HAZARDOUS WASTE" OR "RESTRICTED HAZARDOUS WASTE"
UNDER SECTIONS 25115, 25117 OR 25122.7, OR LISTED PURSUANT TO SECTION 251.40, OR
THE CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 20, CHAPTER 6.5 (HAZARDOUS WASTE
CONTROL LAW), (II) DEFINED AS A "HAZARDOUS SUBSTANCE" UNDER SECTION 25316 OF THE
CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 20, CHAPTER 6.8
(CARPENTER-PRESLEY-TANNER HAZARDOUS SUBSTANCE ACCOUNT ACT), (III) DEFINED AS A
"HAZARDOUS MATERIAL," "HAZARDOUS SUBSTANCE," OR "HAZARDOUS WASTE" UNDER SECTION
25501 OF THE CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 20, CHAPTER 6.95
(HAZARDOUS MATERIALS RELEASE PLANS AND INVENTORY), (IV) DEFINED AS A "HAZARDOUS
SUBSTANCE" UNDER SECTION 25281 OF THE CALIFORNIA HEALTH AND SAFETY CODE,
DIVISION 20, CHAPTER 6.7 (UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES), (V)
LISTED UNDER ARTICLE 9 OR DEFINED AS HAZARDOUS OR EXTREMELY HAZARDOUS PURSUANT
TO ARTICLE 11 OF TITLE 22 OF THE CALIFORNIA ADMINISTRATIVE CODE, DIVISION 4,
CHAPTER 20.
7.1.3.
COMPLIANCE WITH LAWS AND CODES.
SELLER HAS NOT RECEIVED ANY WRITTEN
NOTICE FROM ANY GOVERNMENTAL AUTHORITY ADVISING OR ALLEGING THAT THE ENTIRETY OF
THE PROPERTY (INCLUDING THE IMPROVEMENTS), AND THE USE AND OPERATION THEREOF,
ARE NOT IN COMPLIANCE WITH ALL APPLICABLE MUNICIPAL AND OTHER GOVERNMENTAL LAWS,
ORDINANCES, RULES, REGULATIONS, CODES (INCLUDING ENVIRONMENTAL LAWS), LICENSES,
PERMITS AND AUTHORIZATIONS, AND THERE ARE PRESENTLY AND VALIDLY IN EFFECT ALL
REQUIRED LICENSES, PERMITS AND OTHER AUTHORIZATIONS.
7.1.4.
LITIGATION.
SELLER HAS NOT BEEN SERVED, AND, TO SELLER'S ACTUAL
KNOWLEDGE, THERE ARE NO PENDING OR THREATENED JUDICIAL, MUNICIPAL OR
ADMINISTRATIVE PROCEEDINGS AFFECTING THE PROPERTY, OR IN WHICH SELLER IS OR WILL
BE A PARTY BY REASON OF SELLER'S OWNERSHIP OR OPERATION OF THE PROPERTY OR ANY
PORTION THEREOF.
NO ATTACHMENTS, EXECUTION PROCEEDINGS, ASSIGNMENTS FOR THE
BENEFIT OF CREDITORS, INSOLVENCY, BANKRUPTCY, REORGANIZATION OR OTHER
PROCEEDINGS ARE PENDING, OR, TO SELLER'S ACTUAL KNOWLEDGE, THREATENED, AGAINST
SELLER, NOR ARE ANY OF SUCH PROCEEDINGS CONTEMPLATED BY SELLER.
7.1.5.
RE-ZONING.
SELLER IS NOT A PARTY TO, NOR DOES SELLER HAVE ANY
ACTUAL KNOWLEDGE OF, ANY PROCEEDING FOR THE REZONING OF THE PROPERTY OR ANY
PORTION THEREOF.
7.1.6.
AUTHORITY.
THE EXECUTION AND DELIVERY OF THIS AGREEMENT BY SELLER,
AND THE PERFORMANCE OF THIS AGREEMENT BY SELLER, HAVE BEEN DULY AUTHORIZED BY
SELLER, AND THIS AGREEMENT IS BINDING ON SELLER AND ENFORCEABLE AGAINST SELLER
IN ACCORDANCE WITH ITS TERMS; PROVIDED, HOWEVER, THAT SELLER'S AUTHORITY TO
CONSUMMATE THE TRANSACTION DESCRIBED HEREIN IS SUBJECT TO THE APPROVAL BY
SELLER'S BOARD OF