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u presence, release, generation, use, handling, treatment, storage. transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health. including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980. as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U S C § 9601), the Hazardous Materials Transportation Act (49 U S C § 1801 et seq ), the Resource Conservation and Recovery Act (42 U S C § 6901 et seq ), the Federal Water Pollution Control Act (33 U S C § 1251 et seq ), the Clean Air Act (42 U S C § 7401 et seq ), the Toxic Substances Control Act (15 U S C § 2601 et seq ), the Oil Pollution Act (33 U S C § 2701 et seq ). the Emergency Planning and Community Right-to-Know Act (42 U S C § 11001 et seq ), the Porter-Cologne Water Quality Control Act (Cal Water Code § 13000 et seq ), the Toxic Mold Protection Act (Cal Health & Safety Code § 26100, et seq ), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal Health & Safety Code § 25249 5 et seq ), the Hazardous Waste Control Act (Cal Health & Safety Code § 25100 et seq ), the Hazardous Materials Release Response Plans & Inventory Act (Cal Health & Safety Code § 25500 et seq ), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal Health and Safety Code. Section 25300 et seq ) 17.2 Disclosure. Seller discloses that the Improvements contain , and there are soils located on the Property that are contaminated by as described in that certain Report dated as of , 20_ and prepared for the Property by (the " Report") Seller represents and warrants that Seller has disclosed to Buyer all information. records. and studies in Seller's possession or reasonably available to Seller relating to the Property concerning Hazardous Materials and their use, storage. spillage or disposal on the Property 17.3 Intentionally omitted 17.4 Intentionally omitted 18. Seller's Covenants. Seller covenants that from the Effective Date and through the Close of Escrow, Seller (i) shall not create or permit any liens, encumbrances, or easements to be placed on the Property, other than Permitted Exceptions, (ii) shall not enter into or renew, replace or modify any agreement regarding the use, sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the Close of Escrow absent the prior written consent of Buyer which shall not be unreasonably be withheld. (iii) shall maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted, and shall manage the Property substantially in accordance with Seller's established practices. (iv) shall make no material alteration to the Property or the Improvements without Buyer's prior written consent which shall not be unreasonably be withheld, and 11 OAK#4845-6421-9189 v5