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title to the Property, (xi) economics of the operation of the Property and (xii) any law or
<br /> regulation applicable to the use or operation of the Property, including, without limitation, the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
<br /> (42 U.S.C. Sections 6901, et seq.), the Resources Conservation and Recovery Act of 1976 (42
<br /> U.S.C. Section 6901, et seq.), the Clean Water Act (33 U.S.C. Section 1251, et seq.), the Safe
<br /> Drinking Water Act (14 U.S.C. Section 1401, et seq.), the Hazardous Materials Transportation
<br /> Act (49 U.S.C. Section 1801, et seq.), and the Toxic Substance Control Act (15 U.S.C. Section
<br /> 2601, et seq.), the California Hazardous Waste Control Law (California Health and Safety Code
<br /> Section 25100, et seq.), the Porter - Cologne Water Quality Control Act (California Water Code
<br /> Section 13000, et seq.), and the Safe Drinking Water and Toxic Enforcement Act of 1986
<br /> (California Health and Safety Code Section 25249.5, et seq.) and any other federal, state or local
<br /> law.
<br /> In connection with the matters referred to above in this Paragraph 13(d),
<br /> Optionee on behalf of itself and its agents, successors and assigns, expressly waives all rights
<br /> under Section 1542 of the Civil Code of the State of California ( "Section 1542 "), or any other
<br /> federal or state statutory rights or rules, or principles of common law or equity, or those of any
<br /> jurisdiction, government, or political subdivision thereof, similar to Section 1542 (hereinafter
<br /> referred to as a "Similar Provision "). Thus, Optionee, its agents, successors and assigns, may
<br /> not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in
<br /> any manner the matters referred to above. Section 1542 provides as follows: "A GENERAL
<br /> RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
<br /> OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
<br /> RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
<br /> AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
<br /> The preceding provisions of this Paragraph 13(d) shall not constitute a waiver of any
<br /> conditions precedent to Optionee's obligations under this Agreement. In addition,
<br /> notwithstanding anything in this Paragraph 13(d) or any other provision herein to the contrary,
<br /> Optionee reserves all rights and claims that it may have under this Agreement or applicable law
<br /> with respect to the following (collectively, "Reserved Claims "): (a) fraud, willful misconduct,
<br /> or the criminal acts of Owner and its members, employees, agents, consultants and contractors
<br /> (collectively, "Owner's Parties "); (b) claims based upon acts or omissions of Owner which
<br /> occur after the Closing; (c) any claims relating to dealings between Optionee and any Owner
<br /> Party on transactions or matters relating to other properties; (d) any claims for breach of the
<br /> representations, warranties, covenants and other obligations expressly set forth in this
<br /> Agreement; or (e) claims for breach of the representations, warranties, covenants and other
<br /> obligations set forth in the Closing Documents.
<br /> 14. Brokers. Owner shall pay a brokerage commission to Cassidy Turley /BT
<br /> Commercial (the "Broker ") pursuant to a separate agreement between Owner and the Broker.
<br /> Except for the Broker referred to in this Paragraph 14, each party represents to the other that it
<br /> has not dealt with any other broker, agent, or finder for which a commission or fee is payable in
<br /> connection with the transaction contemplated by this Agreement. Each party shall indemnify,
<br /> defend, protect and hold harmless the other from any Claims arising from such party's breach of
<br /> its representation contained in this paragraph.
<br /> Option Agreement 20 Chemical
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