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presence, release, generation, use, handling, treatment, storage, transportation or disposal of
<br /> Hazardous Materials, or the protection of the environment or human, plant or animal health,
<br /> including, without limitation, the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of
<br /> 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.),
<br /> the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water
<br /> Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.),
<br /> the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), the Oil Pollution Act (33 U.S.C.
<br /> ( § (
<br /> § 2701 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C.
<br /> § 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et
<br /> seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe
<br /> Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et
<br /> seq), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the
<br /> Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
<br /> § 25500 et seq.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal.
<br /> Health and Safety Code, Section 25300 et seq.).
<br /> 17.2 Disclosure. Seller discloses that the Improvements contain , and
<br /> there are soils located on the Property that are contaminated by as
<br /> described in that certain Report dated as of , 20_ and prepared
<br /> for the Property by (the " Report"). Seller represents and
<br /> warrants that Seller has disclosed to Buyer all information, records, and studies in Seller's
<br /> possession or reasonably available to Seller relating to the Property concerning Hazardous
<br /> Materials and their use, storage, spillage or disposal on the Property.
<br /> 17.3 Intentionally omitted.
<br /> 17.4 Intentionally omitted.
<br /> 18. Seller's Covenants. Seller covenants that from the Effective Date and through the
<br /> Close of Escrow, Seller:
<br /> (i) shall not create or permit any liens, encumbrances, or easements to be placed on the
<br /> Property, other than Permitted Exceptions;
<br /> (ii) shall not enter into or renew, replace or modify any agreement regarding the use, sale,
<br /> rental, management, repair, improvement, or any other matter affecting the Property that would
<br /> be binding on Buyer or the Property after the Close of Escrow absent the prior written consent of
<br /> Buyer which shall not be unreasonably be withheld;
<br /> (iii) shall maintain the Property in its condition as of the Effective Date, ordinary wear
<br /> and tear excepted, and shall manage the Property substantially in accordance with Seller's
<br /> established practices;
<br /> (iv) shall make no material alteration to the Property or the Improvements without
<br /> Buyer's prior written consent which shall not be unreasonably be withheld; and
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<br /> OAK#4845-6421-9189 v5
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