Common use of California Specific Provisions Clause in Contracts

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material have come to be located on or beneath real property to provide written notice of that condition to a purchaser of said real property. There is a possibility that a release of Hazardous Material may have come to be located on or beneath one or more Properties. By the Purchaser’s execution of this Agreement, the Purchaser (i) acknowledges the Purchaser’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the Purchaser’s benefits thereunder and (ii) as of the date hereof and as of the Closing and after receiving advice of the Purchaser’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement. (b) The Purchaser and the Sellers acknowledge that the Sellers are required to disclose if any Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (A) the property owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (B) it would not be the State’s responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (u) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (v) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the Purchaser). As contemplated in the above-referenced statutory provisions, if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the Natural Hazard Expert to determine if a Property in California is within the respective natural hazard zone, then for purposes of the disclosure such Property shall be considered to lie within such natural hazard zone. The Purchaser acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers for errors or omission not within in its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASER’S ABILITY TO DEVELOP A PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIES. (c) The provisions of this Section 7.3 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material Substances have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material Substances may have come to be located on or beneath one or more Propertiesthe Property. By the Purchaser’s Buyer's execution of this Agreement, the Purchaser Buyer (ia) acknowledges the Purchaser’s Buyer's receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the Purchaser’s Buyer's benefits thereunder and (iib) as of the date hereof and as of the Closing Date and after receiving advice of the Purchaser’s Buyer's legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances Hazardous Substances or other hazardous materials from, on or about any the Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement. (b) The Purchaser Buyer and the Sellers Seller acknowledge that the Sellers are Seller is required to disclose if any of the Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “"A” " or “"V”") designated by the Federal Emergency Management Agency (Cal. Gov. Code §§ 8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. California Government Code § Section 8589.5 (Cal. Gov. Code §§ 8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. California Government Code § Section 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. California Government Code § Section 51182 would apply) (Cal. Gov. Code §§ 51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. California Public Resources Code § Section 4125 (in which event (Ax) the property Property owner would be subject to maintenance requirements of Cal. Pub. California Public Resources Code § Section 4291 and (By) it would not be the State’s 's responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. California Public Resources Code § Section 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. California Public Resources Code §Section 4142) (Cal. Pub. Resources Code § 4136); (uv) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (vvi) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the Purchaser). As contemplated in the above-referenced statutory provisionsCalifornia Civil Code Section 1103.2(b), if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the Natural Hazard Expert to determine if a the Property in California is within the respective natural hazard zone, then for purposes of the disclosure such the Property shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers Seller for errors or omission not within in its their personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASER’S BUYER'S ABILITY TO DEVELOP A THE PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE ON ESTIMATES WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIESPROPERTY. (c) The provisions of this Section 7.3 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material may have come to be located on or beneath one or more Propertiesthe Property. By the PurchaserBuyer’s execution of this Agreement, the Purchaser Buyer (ia) acknowledges the PurchaserBuyer’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the PurchaserBuyer’s benefits thereunder and (iib) as of the date hereof and as of the Closing and after receiving advice of the PurchaserBuyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this AgreementPremises. (b) The Purchaser Buyer and the Sellers Seller acknowledge that the Sellers are Seller or Broker is required to disclose if any Property in California the Premises lies within the following natural hazardous areas or zones: (ia) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (iib) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iiic) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (( Cal. Gov. Code §51183.5); (ivd) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (Ai) the property Premises owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (Bii) it would not be the State’s responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (ue) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (vf) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser Buyer and the Sellers Seller further acknowledge that (x1) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public pubic by government agencies for the purpose of enabling each of the Sellers Seller and Broker to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, in California Civil Code Section 1103(c) and (y2) the Natural Hazard Expert has provided a report in writing to the Sellers Seller and the Purchaser Buyer showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers Seller and the PurchaserBuyer). As contemplated in the above-referenced statutory provisionsCalifornia Civil Code Section 1103.2(b), if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the Natural Hazard Expert to determine if a the Property in California is within the respective natural hazard zone, then for purposes of the disclosure such the Property shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers Seller and Broker for errors or omission not within in its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In The obligations of Seller and Broker are several (and not joint and not joint and several) and, without limitation, in no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASERBUYER’S ABILITY TO DEVELOP A PROPERTYTHE PREMISES, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ON ESTIMATE WHERE NATURAL HAZARDS HAZARD EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY PREMISES WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIESPREMISES. (c) The provisions of this the Section 7.3 7.4 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material Materials have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material Materials may have come to be located on or beneath one or more Propertiesthe Property, and without in any way limiting the foregoing, as Buyer is already aware, there are conditions associated with the San Xxxxxxxx Valley (area 2 Glendale) Superfund Site (EPA #: CAD980894901) for which Seller and DWA are not responsible nor identified as potentially responsible parties. By the PurchaserBuyer’s execution of this Agreement, the Purchaser Buyer (ia) acknowledges the PurchaserBuyer’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the PurchaserBuyer’s benefits thereunder and (iib) as of the date hereof and as of the Closing Date and after receiving advice of the PurchaserBuyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances Hazardous Materials or other hazardous materials from, on or about any the Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement. (b) The Purchaser Buyer and the Sellers Seller acknowledge that the Sellers are Seller is required to disclose if any of the Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (( Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (Ax) the property Property owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (By) it would not be the State’s responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (uv) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (vvi) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the Purchaser). As contemplated in the above-referenced statutory provisionsCalifornia Civil Code Section 1103.2(b), if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the First American Natural Hazard Expert Disclosures (the “Natural Hazard Expert”) to determine if a the Property in California is within the respective natural hazard zone, then for purposes of the disclosure such the Property shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers Seller for errors or omission not within in its their personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASERBUYER’S ABILITY TO DEVELOP A THE PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE ON ESTIMATES WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIESPROPERTY. (c) Buyer acknowledges that Seller has complied with California Public Resource Code § 25402.10 and the disclosure regulations issued in connection therewith (e.g., California Code of Regulations, Title 20, Sections 1680 – 1684) by, among other things, delivering to Buyer the Data Verification Checklists (as such term is defined in California Code of Regulations, Title 20, Section 1681) for the Property prior to the date hereof. By Buyer’s execution of this Agreement, Buyer (a) acknowledges Buyer’s receipt of the Data Verification Checklists and that it is aware of the benefits conferred to Buyer by §1542 of the California Civil Code and the risks it assumes by any waiver of Buyer’s benefits thereunder and (b) as of the date hereof and as of the Closing and after receiving advice of Buyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller that may arise out of any of the statutes and regulations referenced in this Section 16(c). (d) DWA acknowledges that Buyer has complied with California Public Resource Code § 25402.10 and the disclosure regulations issued in connection therewith (e.g., California Code of Regulations, Title 20, Sections 1680 – 1684) by, among other things, delivering to DWA the Data Verification Checklists (as such term is defined in California Code of Regulations, Title 20, Section 1681) for the Property prior to the date hereof. By DWA’s execution of this Agreement, DWA (a) acknowledges DWA’s receipt of the Data Verification Checklists and that it is aware of the benefits conferred to DWA by §1542 of the California Civil Code and the risks it assumes by any waiver of DWA’s benefits thereunder and (b) as of the date hereof and as of the Closing and after receiving advice of DWA’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, DWA may have against Buyer that may arise out of any of the statutes and regulations referenced in this Section 16(d). (e) The provisions of this Section 7.3 16 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material may have come to be located on or beneath one or more Propertiesthe Property. By the PurchaserBuyer’s execution of this Agreement, the Purchaser Buyer (ia) acknowledges the PurchaserBuyer’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the PurchaserBuyer’s benefits thereunder and (iib) as of the date hereof Effective Date and as of the Closing Date and after receiving advice of the PurchaserBuyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances or other hazardous materials from, on or about any the Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement. (b) The Purchaser Buyer and the Sellers Seller acknowledge that the Sellers are Seller or Seller’s Broker is required to disclose if any of the Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (( Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (Ax) the property Property owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (By) it would not be the State’s responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (uv) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (vvi) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the Purchaser). As contemplated in the above-referenced statutory provisionsCalifornia Civil Code Section 1103.2(b), if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the Natural Hazard Expert to determine if a the Property in California is within the respective natural hazard zone, then for purposes of the disclosure such the Property shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers Seller and Seller’s Broker for errors or omission not within in its their personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In The obligations of Seller and Seller’s Broker are several (and not joint and not joint and several) and, without limitation, in no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASERBUYER’S ABILITY TO DEVELOP A THE PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE ON ESTIMATES WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIESPROPERTY. (c) The provisions of this Section 7.3 10.1.6 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material may have come to be located on or beneath one or more Properties. By the Purchaser’s Buyer's execution of this Agreement, the Purchaser Buyer (i) acknowledges the Purchaser’s Buyer's receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the Purchaser’s Buyer's benefits thereunder and (ii) as of the date hereof and as of the Closing and after receiving advice of the Purchaser’s Buyer's legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this Agreement. (b) The Purchaser Buyer and the Sellers acknowledge that the Sellers are required to disclose if any Property in California lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (A) the property owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (B) it would not be the State’s 's responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (u) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (v) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser Buyer and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser Buyer showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the PurchaserBuyer). As contemplated in the above-referenced statutory provisions, if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the Natural Hazard Expert to determine if a Property in California is within the respective natural hazard zone, then for purposes of the disclosure such Property shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers for errors or omission not within in its personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASER’S BUYER'S ABILITY TO DEVELOP A PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIES. (c) The provisions of this Section 7.3 7.4 shall survive the Closing.

California Specific Provisions. (a) Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material Materials have come to be located on or beneath real property to provide written notice of that condition to a purchaser buyer of said real property. There is a possibility that a release of Hazardous Material Materials may have come to be located on or beneath one or more Propertiesthe Premises, and without in any way limiting the foregoing, as Buyer is already aware, there are conditions associated with the San Xxxxxxxx Valley (area 2 Glendale) Superfund Site (EPA #: CAD980894901) for which Seller and Tenant are not responsible nor identified as potentially responsible parties. By the PurchaserBuyer’s execution of this Agreement, the Purchaser Buyer (ia) acknowledges the PurchaserBuyer’s receipt of the foregoing notice given pursuant to Section 25359.7 of the California Health and Safety Code and that it is aware of the benefits conferred to the Purchaser Buyer by Section 1542 of the California Civil Code and the risks it assumes by any waiver of the PurchaserBuyer’s benefits thereunder and (iib) as of the date hereof and as of the Closing Date and after receiving advice of the PurchaserBuyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, the Purchaser Buyer may have against any Seller, including remedies for actual damages under Section 25359.7 of the California Health and Safety Code, arising out of or resulting from any unknown, unforeseen or unanticipated presence or releases of hazardous substances Hazardous Materials or other hazardous materials from, on or about any Property. The foregoing shall not qualify any of the representations and warranties expressly set forth in this AgreementPremises. (b) The Purchaser Buyer and the Sellers Seller acknowledge that the Sellers are Seller is required to disclose if any Property in California of the Premises lies within the following natural hazardous areas or zones: (i) a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency (Cal. Gov. Code §8589.3); (ii) an area of potential flooding shown on a dam failure inundation map designated pursuant to Cal. Gov. Code § 8589.5 (Cal. Gov. Code §8589.4); (iii) a very high fire hazard severity zone designated pursuant to Cal. Gov. Code § 51178 or 51179 (in which event the owner maintenance obligations of Cal. Gov. Code § 51182 would apply) (( Cal. Gov. Code §51183.5); (iv) a wildland area that may contain substantial forest fire risks and hazards designated pursuant to Cal. Pub. Resources Code § 4125 (in which event (Ax) the property Premises owner would be subject to maintenance requirements of Cal. Pub. Resources Code § 4291 and (By) it would not be the State’s responsibility to provide fire protection services to any building or structure located within the wildland area except, if applicable, pursuant to Cal. Pub. Resources Code § 4129 or pursuant to a cooperative agreement with a local agency for those purposes pursuant to Cal. Pub. Resources Code §4142) (Cal. Pub. Resources Code § 4136); (uv) an earthquake fault zone (Cal. Pub. Resources Code § 2621.9); or (vvi) a seismic hazard zone (and, if applicable, whether a landslide zone or liquefaction zone) (Cal. Pub. Resources Code § 2694). The Purchaser and the Sellers further acknowledge that (x) they have employed the services of a natural hazard expert (which, in such capacity is herein called “Natural Hazard Expert”) to examine the maps and other information specifically made available to public by government agencies for the purpose of enabling each of the Sellers to fulfill its disclosure obligations with respect to the natural hazards referred to the above-referenced statutory provisions, and (y) the Natural Hazard Expert has provided a report in writing to the Sellers and the Purchaser showing the results of its examination (the receipt of which is hereby acknowledged by the Sellers and the Purchaser). As contemplated in the above-referenced statutory provisionsCalifornia Civil Code Section 1103.2(b), if an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone or wildland fire area map or accompanying information is not of sufficient accuracy of scale for the First American Natural Hazard Expert Disclosures (the “Natural Hazard Expert”) to determine if a Property in California the Premises is within the respective natural hazard zone, then for purposes of the disclosure such Property the Premises shall be considered to lie within such natural hazard zone. The Purchaser Buyer acknowledges and agrees that the written report prepared by the Natural Hazard Expert regarding the results of its examination fully and completely discharges the Sellers Seller for errors or omission not within in its their personal knowledge shall be deemed to apply and the Natural Hazard Expert shall be deemed to be an expert, dealing with matters within the scope of its expertise with respect to the examination and written report regarding the natural hazards referred to above. In no event shall any Seller have any responsibility for matters not actually known to such Seller. THESE HAZARDS MAY LIMIT THE PURCHASERBUYER’S ABILITY TO DEVELOP A PROPERTYTHE PREMISES, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE ON ESTIMATES WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. PURCHASER BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT ANY OF THE PROPERTIESPREMISES. (c) The provisions Buyer acknowledges that Seller has complied with California Public Resource Code § 25402.10 and the disclosure regulations issued in connection therewith (e.g., California Code of Regulations, Title 20, Sections 1680 - 1684) by, among other things, delivering to Buyer the Data Verification Checklists (as such term is defined in California Code of Regulations, Title 20, Section 1681) for the Premises prior to the date hereof. By Buyer’s execution of this Agreement, Buyer (a) acknowledges Buyer’s receipt of the Data Verification Checklists and that it is aware of the benefits conferred to Buyer by §1542 of the California Civil Code and the risks it assumes by any waiver of Buyer’s benefits thereunder and (b) as of the date hereof and as of the Closing and after receiving advice of Buyer’s legal counsel, waives any and all rights or remedies whatsoever, express, implied, statutory or by operation of law, Buyer may have against Seller that may arise out of any of the statutes and regulations referenced in this Section 7.3 shall survive the Closing34(c).