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Agenda - 12-20-94 - DOTrust
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Agenda - 12-20-94 - DOTrust
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11/9/2016 3:12:09 PM
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
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1 .9 No Conveyance of Property. The Grantor will make no sale <br /> or conveyance of the Property or any part thereof or any interest <br /> therein, other than the Lease. No conveyance will release the <br /> Grantor from its obligations under the Contract. <br /> 1. 10 Compliance with Environmental Laws . Grantor represents, <br /> warrants and agrees that (a) to the best of its knowledge, no <br /> Hazardous Material (as hereinafter defined) has been used or placed <br /> on the Property in violation of any applicable Environmental Laws <br /> (as hereinafter defined) ; (b) no notice has been received with <br /> regard to any Hazardous Material on the Property; (c) the Property <br /> is presently in compliance with all Environmental Laws; (d) no <br /> action, investigation or proceeding is pending or to Grantor' s <br /> knowledge threatened which seeks to enforce any right or remedy <br /> against Grantor or the Property under any Environmental Law; (e) <br /> Grantor shall permit no installation or placement of Hazardous <br /> Material on the Property in violation of Environmental Laws; (f) <br /> Grantor shall permit no release of Hazardous Material onto or from <br /> the Property in violation of Environmental Laws; (g) Grantor shall <br /> cause the Property to comply with applicable Environmental Laws and <br /> shall keep the Property free and clear of any liens imposed <br /> pursuant to any applicable Environmental Laws; (h) all licenses, <br /> permits and other governmental or regulatory actions necessary for <br /> the Property to comply with Environmental Laws (the "Permits" ) <br /> shall be obtained and maintained and Grantor shall assure <br /> compliance therewith; and (i) Grantor shall give the Beneficiary <br /> prompt written notice if Grantor receives any notice with regard to <br /> Hazardous Material on, from or affecting the Property and shall <br /> conduct and complete all investigations and all cleanup actions <br /> necessary to remove, in accordance with applicable Environmental <br /> Laws, such Hazardous Material from the Property. Grantor shall , to <br /> the extent permitted by law, indemnify and hold harmless the <br /> Beneficiary from and against all losses, expenses (including, <br /> without limitation, attorneys' fees) and claims of every kind <br /> suffered by or asserted against Beneficiary as a direct or indirect <br /> result of (a) the presence on or release from the Property of any <br /> Hazardous Material in violation of applicable Environmental Laws, <br /> whether or not caused by Grantor, (b) the failure by Grantor to <br /> comply fully with the terms and provisions of this Section, or (c) <br /> any warranty or representation made by Grantor in this Section <br /> being false or untrue in any material respect. For purposes of <br /> this Deed of Trust, "Hazardous Material" means polychlorinated <br /> biphenyls, petroleum, flammable explosives, radioactive materials, <br /> asbestos and any hazardous, toxic or dangerous waste, substance or <br /> material defined as such in (or for purposes of) the Environmental <br /> Laws or listed as such by the Environmental Protection Agency, <br /> other than cleaning supplies and other similar materials possessed <br /> by the Grantor for ordinary and necessary purposes, in reasonable <br /> quantities, in connection with the operation and maintenance of the <br /> Property. "Environmental Laws" means any current or future <br /> governmental law, regulation or ruling applicable to environmental <br /> conditions on, under or about the Property including, without <br /> 5 <br />
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