Common use of Environmental Condition of Property Clause in Contracts

Environmental Condition of Property. The property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property (s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased. • CERCLA. The SELLER and the PURCHASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs , including reasonable attorneys’ fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER’s officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. Note: If more than one executed copy is required, add the following statement above the signature block: This document is being executed in counterpart each of which constitutes an original ATTEST: PURCHASER ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: _ DEPUTY By: By: By: Note: If the property is located within the boundaries of a city, add this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the governing body of the City of (city) hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF By: DEPUTY Note: If the agreement is with the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER By:_ Note: For agreements with agencies other than the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3795, the Controller approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER

Appears in 1 contract

Samples: Agreement

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Environmental Condition of Property. The property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property (s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased. CERCLA. The SELLER and the PURCHASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs , including reasonable attorneys’ fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER’s officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. Note: If more than one executed copy is required, add the following statement above the signature block: This document is being executed in counterpart each of which constitutes an original ATTEST: PURCHASER ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: _ DEPUTY By: By: By: Note: If the property is located within the boundaries of a city, add this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the governing body of the City of (city) hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF By: DEPUTY Note: If the agreement is with the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER By:_ Note: For agreements with agencies other than the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3795, the Controller approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER

Appears in 1 contract

Samples: Agreement

Environmental Condition of Property. The property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property (s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased. • CERCLA. The SELLER and the PURCHASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs , including reasonable attorneys’ fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER’s officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. Note: If more than one executed copy is required, add the following statement above the signature block: This document is being executed in counterpart counterpart, each of which constitutes an original original. ATTEST: PURCHASER ATTEST: CLERK OF THE BOARD OF SUPERVISORS BySUPERVISORS: By Chairman A California Corporation A California Corporation By By _ DEPUTY By: By: By: Note: If the property is located within the boundaries of a city, add this signature block: Secretary President/Vice-President Pursuant to the provisions of California Revenue and Taxation Code section 3775, the governing body of the City of (city) hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF By: DEPUTY Note: If the agreement is with the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this on this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER By:_ Note: For agreements with agencies other than the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3795, the Controller approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXXXXXXX, CALIFORNIA STATE CONTROLLER

Appears in 1 contract

Samples: Agreement

Environmental Condition of Property. The property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property (s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased. CERCLA. The SELLER and the PURCHASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs , including reasonable attorneys’ fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER’s officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. Note: If more than one executed copy is required, add the following statement above the signature block: This document is being executed in counterpart counterpart, each of which constitutes an original original. ATTEST: PURCHASER ATTEST: CLERK OF THE BOARD OF SUPERVISORS BySUPERVISORS: By Chairman A California Corporation A California Corporation By By _ DEPUTY By: By: By: Note: If the property is located within the boundaries of a city, add this signature block: Secretary President/Vice-President Pursuant to the provisions of Revenue and Taxation Code section 3775, the governing body of the City of (city) hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF By: DEPUTY Note: If the agreement is with the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER By:_ Note: For agreements with agencies other than the State or a county, use this signature block: Pursuant to the provisions of California Revenue and Taxation Code section 3795, the Controller approves the foregoing agreement this on this (day) day of (month), (year) is approved. XXXXX X. XXX, CALIFORNIA STATE CONTROLLER

Appears in 1 contract

Samples: Agreement

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Environmental Condition of Property. The property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property (s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCHASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased. • CERCLA. The SELLER and the PURCHASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCHASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs , including reasonable attorneys’ fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER’s officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. Note: If more than one executed copy is required, add the following statement above the signature block: This document is being executed in counterpart each of which constitutes an original ATTEST: PURCHASER ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: _ DEPUTY By: By: By: Note: If the property is located within the boundaries of a city, add this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the governing body of the City of (city) hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF By: DEPUTY Note: If the agreement is with the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXXXXXXX, CALIFORNIA STATE CONTROLLER By:_ : Note: For agreements with agencies other than the State or a county, use this signature block: Pursuant to the provisions of Revenue and Taxation Code section 3795, the Controller approves the foregoing agreement this this (day) day of (month), (year) is approved. XXXXX X. XXXXXXXX, CALIFORNIA STATE CONTROLLER

Appears in 1 contract

Samples: Agreement

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