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(Cal. H&S Code Sections 25300 et seg.), and the California Water Code Sections 1300, et seg.],
<br />as said laws have been supplemented or amended to date, the regulations promulgated pursuant
<br />to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which
<br />regulates or proscribes the use, storage, disposal, presence, cleanup, transportation or Release or
<br />threatened Release into the environment of Hazardous Material.
<br />(b) "Hazardous Material" means any substance which is
<br />(i) designated, defined, classified or regulated as a hazardous substance, hazardous material,
<br />hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect
<br />or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any
<br />fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable
<br />explosives, (vii) infectious materials or (viii) radioactive materials.
<br />(c) "Release" means any spilling, leaking, pumping, pouring, emitting,
<br />discharging, injecting, escaping, leaching, dumping or disposing into the environment of any
<br />Hazardous Material (including the abandonment or discarding of barrels, containers, and other
<br />receptacles containing any Hazardous Material).
<br />5.9.2 Representations. Except as otherwise disclosed in writing to Buyer, Thirty
<br />(30) days prior to the Effective Date:
<br />(a) To the best of Seller's knowledge, Seller has not received any
<br />written notice of violation issued pursuant to any Environmental Law with respect to the
<br />Property or any use or condition thereof.
<br />(b) To the best of Seller's knowledge, Seller has not used, handled,
<br />stored, transported, released or disposed of any Hazardous Material on, under or from the
<br />Property in violation of any Environmental Law.
<br />(e) To the best of Seller's knowledge there exists no writ, injunction,
<br />decree, order or judgment outstanding, nor any lawsuit, claim, proceeding, citation, directive,
<br />summons or investigation pending or, to Seller's knowledge, threatened pursuant to any
<br />Environmental Law relating to (i) the ownership, occupancy or use of any portion of the Property
<br />by Seller or occupant or user of any portion of the Property, (ii) any alleged violation of any
<br />Environmental Law by Seller or occupant or user of any portion of the Property, or (iii) the
<br />suspected presence, Release or threatened Release of any Hazardous Material on, under, in or
<br />from any portion of the Property.
<br />(d) To the best of Seller's knowledge, no asbestos abatement or
<br />remediation work has been performed on the Property.
<br />(e) To the best of Seller's knowledge, there is no PCB -containing
<br />equipment or PCB -containing material located on or in the Property.
<br />5.10 Title to the Property. Seller has good and marketable title to the Property, subject
<br />to the Conditions of Title. There are no outstanding rights of first refusal or first look, options to
<br />purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any
<br />interest therein. To Seller's knowledge, there are no unrecorded or undisclosed documents or
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