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PUBLIC OR PRIVATE RESTRICTIONS ON USE OF THE PROPERTY AND THE
<br /> EASEMENT AREA,, (V) THE COMPLIANCE OF THE PROPERTY AND THE EASEMENT
<br /> AREA WITH ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES,
<br /> ORDINANCES, COVENANTS, CONDITIONS AND RESTRICTIONS OF ANY
<br /> GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON
<br /> OR ENTITY, AND (VI) THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR
<br /> ABOUT THE PROPERTY AND THE EASEMENT AREA, OR THE ADJOINING OR
<br /> NEIGHBORING PROPERTY.
<br /> CITY's Initials:
<br /> 12. Release of Claims Related to Condition of Property and Easement Area.
<br /> WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE PRECEDING, CITY
<br /> SPECIFICALLY ACKNOWLEDGES AND AGREES THAT UPON THE CLOSE OF
<br /> ESCROW, IT WAIVES, RELEASES AND DISCHARGES ANY CLAIM IT HAS, MIGHT
<br /> HAVE OR MAY HAVE IN THE FUTURE AGAINST THE GRANTOR OR AN AFFILIATE OF
<br /> GRANTOR WITH RESPECT TO COSTS, DAMAGES, OBLIGATIONS, PENALTIES,
<br /> CAUSES OF ACTION AND OTHER LIABILITIES (WHETHER ACCRUED, CONTINGENT,
<br /> ARISING BEFORE OR AFTER THIS AGREEMENT, OR OTHERWISE) ARISING AS A
<br /> RESULT OF (1) THE CONDITION OF THE PROPERTY AND THE EASEMENT AREA,,
<br /> EITHER PATENT OR LATENT, (II) ITS ABILITY OR INABILITY TO OBTAIN OR MAINTAIN
<br /> BUILDING PERMITS, OR OTHER LICENSES OR PERMITS FOR THE USE OR
<br /> OPERATION OF THE, AND/OR THE EASEMENT AREA, (III) THE PAST, PRESENT OR
<br /> FUTURE CONDITION OR COMPLIANCE OF THE PROPERTY AND THE EASEMENT
<br /> AREA,, OR COMPLIANCE OF PAST OWNERS AND OPERATORS OF THE PROPERTY
<br /> AND THE EASEMENT AREA,, IN REGARD TO ANY PAST, PRESENT AND FUTURE
<br /> FEDERAL, STATE AND LOCAL ENVIRONMENTAL PROTECTION, POLLUTION
<br /> CONTROL, POLLUTION CLEANUP, AND CORRECTIVE ACTION LAWS, RULES,
<br /> REGULATIONS, ORDERS, AND REQUIREMENTS (INCLUDING WITHOUT LIMITATION
<br /> CERCLA, THE RESOURCE CONSERVATION AND RECOVERY ACT ("RCRA"), 42
<br /> U.S.C. § 6973 et seq., AND OTHERS PERTAINING TO THE USE, HANDLING,
<br /> GENERATION, TREATMENT, STORAGE, RELEASE, DISPOSAL, REMOVAL,
<br /> REMEDIATION OR RESPONSE TO, OR NOTIFICATION OF GOVERNMENTAL
<br /> ENTITIES CONCERNING, TOXIC, HAZARDOUS, OR OTHERWISE REGULATED
<br /> WASTES, SUBSTANCES, CHEMICALS, POLLUTANTS OR CONTAMINANTS), OR LAND
<br /> USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, AND (VI) THE
<br /> PRESENCE ON, IN, UNDER OR NEAR THE PROPERTY OF (INCLUDING WITHOUT
<br /> LIMITATION ANY RESULTANT OBLIGATION UNDER CERCLA, RCRA, ANY STATE
<br /> STATUTE OR REGULATION, OR OTHERWISE, TO REMOVE, REMEDIATE OR
<br /> RESPOND TO) ASBESTOS CONTAINING MATERIAL, RADON, MOLD, UREA
<br /> FORMALDEHYDE OR ANY OTHER TOXIC, HAZARDOUS OR OTHERWISE
<br /> REGULATED WASTE, SUBSTANCE, CHEMICAL, POLLUTANT OR CONTAMINANT,
<br /> WITHOUT LIMITING THE FOREGOING, CITY'S WAIVERS AND RELEASES ABOVE
<br /> INCLUDE ALL COST RECOVERY AND CONTRIBUTION AND OTHER CLAIMS AGAINST
<br /> GRANTOR RELATING TO THE PROPERTY ARISING UNDER THE CERCLA AND
<br /> OTHER LAWS AND COMMON LAW RELATING TO PROTECTION OF THE
<br /> ENVIRONMENT OR HEALTH AND SAFETY OR TO POLLUTION (COLLECTIVELY,
<br /> "CLAIMS"). CITY ACKNOWLEDGES AND AGREES THAT THE TERMS AND
<br /> CONDITIONS OF THIS SECTION !2 and Section 11 SHALL EXPRESSLY SURVIVE THE
<br /> TERMINATION OF THIS AGREEMENT AND/OR OF THE RECORDATION OF THE
<br /> GRANT OF EASEMENT.
<br /> 13. Mutual Release of All Claims. In addition to the releases set forth in in Section 12
<br /> hereof, and with the exemption of the parties obligations under this Agreement, this
<br /> Agreement his is intended as a full and complete release of all or any claims that either party
<br /> has against the other and is in full settlement of any and all such claims and intends to and
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