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6.5 Release by Developer. Effective upon the Close of Escrow for the Property, except
<br />with respect to Developer's right to indemnification under Section 6.7, Developer WAIVES,
<br />RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES the Indemnitees and any
<br />person acting on behalf of the City, from any and all Claims, direct or indirect, known or unknown,
<br />foreseen or unforeseen, which Developer now has or which may arise in the future on account of
<br />or in any way arising out of or in connection with the physical condition of the Property, the
<br />presence of Hazardous Material in, on, under or about the Property, or any law or regulation
<br />applicable thereto including, without limiting the generality of the foregoing, all Environmental
<br />Laws,
<br />DEVELOPER ACKNOWLEDGES THAT DEVELOPER IS FAMILIAR WITH SECTION 1542
<br />OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
<br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
<br />BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
<br />SETTLEMENT WITH THE DEBTOR.
<br />BY INITIALING BELOW, DEVELOPER EXPRESSLY WAIVES THE BENEFITS OF
<br />SECTION 1542 OF THE CALIFORNIA CIVIL CODE WITH RESPECT TO THE FOREGOING
<br />RELEASE:
<br />that:
<br />Developer's initials:
<br />6.6 Developer's Post -Closing Obligations. Developer hereby covenants and agrees
<br />(1) Developer shall not knowingly permit the Property or any portion thereof to
<br />be a site for the use, generation, treatment, manufacture, storage, disposal or transportation
<br />of Hazardous Material or otherwise knowingly permit the presence or release of Hazardous
<br />Material in, on, under, about or from the Property with the exception of limited amounts of
<br />cleaning supplies and other materials customarily used in construction, use or maintenance
<br />of residential properties similar in nature to the Project, and used, stored and disposed of in
<br />compliance with Environmental Laws.
<br />(2) Developer, during its ownership of the Property, shall keep and maintain the
<br />Property and each portion thereof in compliance with, and shall not cause or permit the
<br />Project or the Property or any portion of either to be in violation of, any Environmental
<br />Laws.
<br />(3) Upon receiving actual knowledge of the same, Developer shall immediately
<br />advise City in writing of: (i) any and all enforcement, cleanup, removal or other
<br />governmental or regulatory actions instituted, completed or threatened against the
<br />Developer, or the Property pursuant to any applicable Environmental Laws; (ii) any and all
<br />claims made or threatened by any third party against the Developer or the Property relating
<br />to damage, contribution, cost recovery, compensation, loss or injury resulting from any
<br />Hazardous Material; (iii) the presence or release of any Hazardous Material in, on, under,
<br />ATY/AGR/2017.215/RWC— BRADFORD — DDA
<br />REV: 09-18-17 VR
<br />Page 25 of 94
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