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8.A. - Page 30 of 154
<br />Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined
<br />as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a
<br />"hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release
<br />Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of
<br />the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br />Hazardous Substances), (v) petroleum, (vi) asbestos or asbestos containing materials, (vii)
<br />polychlorinated byphenyls, (viii) Methyl-tert-Butyl Ether, (ix) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (x) designated as a "hazardous substances" pursuant
<br />to Section 311 of the Clean Water Act, (33 U.S.C. §1317), (xi) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et
<br />seq., or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. As used in
<br />this Agreement, the term "Environmental Laws" means all applicable laws and governmental
<br />regulations including, without limitation, all applicable federal, state, and local laws pertaining to
<br />air and water quality, hazardous waste, waste disposal, and other environmental matters,
<br />including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environmental Quality Act, and the rules,
<br />regulations, and ordinances of the City of Redwood City, the California Department of Toxic
<br />Substances Control, the Regional Water Quality Control Board, the State Water Resources
<br />Control Board, the Environmental Protection Agency, and all applicable federal, state, and local
<br />agencies and bureaus.
<br />10.2. Maple Street Vacation Area. Developer acknowledges and agrees that
<br />prior to the Close of Escrow it will have had full opportunity to inspect and investigate every
<br />aspect of the Maple Street Vacation Area, including all matters related to legal status or
<br />requirements, physical condition, zoning, environmental condition, title and all other matters of
<br />significance. Developer specifically acknowledges and agrees that the Maple Street Vacation
<br />Area is being transferred in an "AS IS" condition and "WITH ALL FAULTS" as of the Close of
<br />Escrow. Except as expressly set forth in this Agreement, no statements, representations or
<br />warranties have been made or are made and no responsibility has been or is assumed by City, or
<br />by any officer, employee, person, firm, agent or representative acting or purporting to act on
<br />behalf of City, as to any matters concerning, or that might in any manner affect, the Maple Street
<br />Vacation Area, including its condition or repair or the value or income potential thereof, and
<br />Developer is not relying upon any such statement, representation or warranty. Developer
<br />acknowledges that City has requested Developer to inspect fully such property and investigate all
<br />matters relevant thereto and to rely solely upon the results of Developer's own inspections or
<br />other information obtained or otherwise available to Developer, rather than any information that
<br />may have been provided by City to Developer, other than City's express representations and
<br />warranties set forth in this Agreement or in the documents executed in connection with this
<br />Agreement.
<br />10.3. Developer Waiver and Release. As a material part of the consideration of
<br />this Agreement, effective upon Close of Escrow, Developer, on its behalf and on behalf of its
<br />members, managers, lenders, successors and assigns hereby releases and discharges City and its
<br />employees, contractors, representatives, agents and elected officials (collectively, "City Parties"),
<br />and each and all of them, from and against, and waives, any and all claims, suits, liabilities,
<br />REV: 01-21-20201 PR
<br />ATTYIAGR.2021.011I1548 Maple LLC (Page 8 of 25) 242
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