OPA: Grimshaw House - City of Anaheim

ownership or operation of the Site, any Hazardous Materials on the Site, or the
existence of Hazardous Materials Contamination in any state on the Site, however
they came to be placed there, except those arising out of the negligence or
misconduct of Agency or its employees, officers, agents or representatives.
Developer acknowledges that it is aware of and familiar with the
provisions of Section 1542 of the California Civil Code which provides as
follows:
“A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor."
As such relates to this Section, Developer hereby waives and relinquishes
all rights and benefits which it may have under Section 1542 of the California
Civil Code.
303.6 Precautions After Closing. Upon the Closing, Developer shall take all
feasible and commercially reasonable precautions to prevent the release into the
environment of any Hazardous Materials which are located in, on or under the
Site. Such precautions shall include compliance with all Governmental
Requirements with respect to Hazardous Materials. In addition, Developer shall
install and utilize such equipment and implement and adhere to such procedures
as are consistent with commercially reasonable standards as respects the
disclosure, storage, use, removal and disposal of Hazardous Materials.
303.7 Required Disclosures After Closing. After the Closing, Developer shall
notify Agency, and provide to Agency a copy or copies, of all environmental
permits, disclosures, applications, entitlements or inquiries relating to the Site,
including notices of violation, notices to comply, citations, inquiries, clean-up or
abatement orders, cease and desist orders, reports filed pursuant to self-reporting
requirements and reports filed or applications made pursuant to any Governmental
Requirement relating to Hazardous Materials and underground tanks. Developer
shall report to Agency, reasonably promptly after each incident, any unusual or
potentially important incidents with respect to the environmental condition of the
Site. In the event of a release of any Hazardous Materials into the environment,
Developer shall, reasonably promptly after the release, furnish to Agency a copy
of any and all reports relating thereto and copies of all correspondence with
governmental agencies relating to the release. Upon request, Developer shall
furnish to Agency a copy or copies of any and all other environmental
entitlements or inquiries relating to or affecting the Site including, but not limited
to, all permit applications, permits and reports.
303.8 Developer Indemnity. Upon the Closing, Developer agrees to indemnify,
defend and hold Agency and its officers, employees, agents, representatives and
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