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41 <br /> ► <br /> by the USTCF. Seller,b"the,extentermitted b �`'"' <br /> p y laws and regulations pertaining to the USTCF, <br /> shall cooperate with Buyer's 'reasonable requests for cooperation in seeking reimbursement from <br /> the USTCF for any reasonable expenses incurred by Seller relating to the testing'and <br /> remediation <br /> of the Property following the`close of escrow. Seller shall be entitled to any reimbursement from <br /> USTCF for costs incurred by Seller prior to'the close of escrow. Buyer shall take-any actions <br /> necessary to ensure that Seller,receives such reimbursement. <br /> 17. Res onsi.bili ° and Liability For Costs of Assessment and Remediation After The <br /> Close of Escrow: Followingthe close .of escrow, Buyer shall be fully liable for allcosts of <br /> assessment and.remediation of'rthe contamination of, on or originating on and/or migrating from <br /> the Property,-regardless if said costs are reimbursable by the USTCF or not. <br /> IS.- Maintenance.an I O enation Of Remediation.S stem: :Up until the close of escrow, <br /> Seller, at its sole cost and expense, shall maintain and operate the remediation system currently <br /> operating on the Property and'shall conduct any testing and monitoring required by the San. <br /> Joaquin County Envirorirnental;'Health Division, the Regional Water.Quality Control Board, <br /> and/or the USTCF. Following close of escrow, Buyer shall:maintain and operate the remediation <br /> system currently operating on.tlke Property, shall conduct any testing and monitoring required <br /> and be responsible for the costs associated therewith. Upon close of escrow; Buyer shall <br /> immediately notify alfutilities and/or providers of utility services:to-the Property, including, <br /> without limitation, Pacific Gas and Electric, of the change of ownership: Buyer shall pay-all <br /> costs of ntilities.incurred after close of escrow and shall request bills and invoices to be sent <br /> directly to Buyer. <br /> 19.. I' sclaimer Of Re rese>ntations And Warranties B± ,Seller: Other than the,express <br /> warranties`set forth below in Paragraph 20, Buyer acknowledges that Seller- as made'no <br /> representations or warranties of:any kind relating to the extent;location, or nature:of any <br /> environmental contamination that may exist in and/or on the,Property or the contaminated <br /> physical condition of the Property. Further, to the extent that Seller'has-provided to Buyer " <br /> information.and documentation.relating to the environmental condition of the Property, Seller <br /> makes no representations or.warranties with respect to the accuracy or completeness, <br /> methodology. of preparation, or otherwise concerning the contents of such documents and/or <br /> reports. Except for those express representations and warranties set forth in Paragraph 20, Buyer <br /> acknowledges that it is not-acting 'on nor relying on any other representations of Seller, if any' <br /> other such representation's or warranties were in fact made. <br /> -20. Sellers' Express Representations: Sellers make the following express representations <br /> regarding the Property: <br /> a. To Seller's actual knowledge, the single one-thousand gallon underground storage <br /> tank known by-Seller to have existed on the Property and confirmed through <br /> assessment procedures was removed pursuant to a permit,obtained from the San <br /> Joaquin County Public Health Services, Environmental Health Division in or <br /> about 1986. <br /> b. In or about 1997; Seller received a Letter of Commitment from the USTCF to <br /> seek reimbursement for costs of assessment and remediation of the contamination <br /> Page 8 <br />