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to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of
<br />Hazardous Materials, or the protection of the environment or human, plant or animal health, including,
<br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
<br />1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601),
<br />the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et sec .), the Resource Conservation and
<br />Recovery Act (42 U.S.C. § 6901 et sec .), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et
<br />seg.), the Clean Air Act (42 U.S.C. § 7401 et se .), the Toxic Substances Control Act (15 U.S.C. § 2601
<br />et sec .), the Oil Pollution Act (33 U.S.C. § 2701 et sec .), the Emergency Planning and Community
<br />Right-to-Know Act (42 U.S.C. § 11001 et seg.), the Porter-Cologne Water Quality Control Act (Cal.
<br />Water Code § 13000 et seg.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et
<br />sec .), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code
<br />§ 25249.5 et seg.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et sec .), the
<br />Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et
<br />sec .), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal. Health and Safety
<br />Code, Section 25300 et seg.).
<br />11. Seller's Conditions to Closing. The Close of Escrow and Seller's obligation to sell the
<br />Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each
<br />obligation to be performed by Buyer under this Agreement within the applicable time period, or waiver
<br />by Seller of such obligation; and (ii) Buyer's representations and warranties contained in this Agreement
<br />being true and correct as of the Effective Date and the Close of Escrow.
<br />12. Seller's Representations and Warranties. Seller hereby represents and warrants that
<br />except as disclosed in writing to Buyer, as of the Effective Date and as of the Close of Escrow:
<br />(a) Seller has received no notice, warning, notice of violation, administrative complaint,
<br />judicial complaint, or other formal or informal notice alleging that conditions on the Property are or
<br />have ever been in violation of any local, state, or federal law (including any Environmental Law) or
<br />informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials
<br />on the Property or the potential violation of any Environmental Law;
<br />(b) There are no ongoing operations, maintenance and monitoring requirements on the Property
<br />imposed by any governmental agency;
<br />(c) Seller has disclosed to Buyer all information, records, and studies in Seller's possession
<br />relating to the Property concerning Hazardous Materials and their use, storage, spillage or disposal on
<br />the Property;
<br />(d) There are no pending, or to Seller's knowledge, threatened, actions suits, or administrative
<br />proceedings against or affecting the Property or any portion thereof or the interest of Seller in the
<br />Property;
<br />(e) No contracts or agreements regarding the leasing, management, maintenance or use of the
<br />Property exist that would be binding on Buyer after the Close of Escrow;
<br />(f) This Agreement and all other documents delivered or to be delivered in connection herewith
<br />prior to or at the Close of Escrow: (i) have been duly authorized, executed, and delivered by Seller; (ii)
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