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a a 2250-90 BENEFITS AND PROTECTIONS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH READS AS FOLLOWS: 1542. Certain Claims Not Affected by General Release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlement with the debtor. BUYER HEREBY EVIDENCES ITS SPECIFIC AGREEMENT TO THE TERMS OF THIS RELEASE BY PLACING ITS SIGNATURE OR INITIALS IN THE PLACE PROVIDED HEREINAFTER. Buyer's Initials 3.1.3 Seller's Environmental Obligations; Scope of Seller's Environmental Work. Seller, at its sole cost and expense(except as otherwise provided in this Agreement), will cause the performance of the investigation, monitoring, recovery and remediation of hydrocarbon contamination of the Property and of metals (if detected above action levels for the Permitted Uses (as defined in Section 8.3 below) and if so, only to the extent the contamination cannot be addressed by institutional controls such as deed restrictions and/or a soil management plan) in the soil of the Property, in accordance with the requirements of the Department of Toxic Substances Control ("DTSC") Voluntary Cleanup Program ("Seller's Environmental Work"). Seller's Environmental Work does not include any work (a) not required for the Permitted Uses (as defined in Section 8.3 below) of the Property, or (b) for which Buyer is responsible as Buyer's Remediation Obligations (as defined in Section 3.1.4 below), or (c) relating to environmental contamination not present on the Property prior to the date of Closing, or (d) relating to contamination not disclosed by the reports listed on Exhibit C (or reasonably anticipated based on such reports), or (e) relating to contamination or work that is materially exacerbated by the activities of Buyer, or any of Buyer's employees, permittees, agents, contractors or consultants, or by the activities after Closing of any owners, occupants, licensees, permittees, invitees or tenants of the Property, or(f)to the extent Seller's performance of work is materially delayed or otherwise interfered with by Buyer's negligence, willful misconduct or breach of Buyer's obligations under Section 3.1,or(g)to the extent such work is necessary for or arises in connection with development of the Property for uses other than the Permitted Uses or in a manner that differs from the development shown on the Site Plan attached to this Agreement as Exhibit D, or (h) to the extent such work is a Development-Related Response [as defined in Section 3.1.5(d)], or (i) required after issuance of a "no further action" letter with respect to Seller's Environmental Work ("NFA"), it being understood that it is anticipated that separate NFA's will be issued for soil and groundwater. Seller shall cause Seller's Environmental Work to be performed in a reasonable manner (including the time periods required for performance), and shall make a reasonable effort to obtain the NFA letter(s) after completion of Seller's Environmental Work; provided, however, in no event shall Seller be responsible for delays attributable to Buyer or any third parties or beyond Seller's control or attributable to inability to obtain necessary approvals from DTSC or other governmental agencies in a timely fashion. o'V.AWADWBt,f}MSA\SacnmentotTncy Cky.psa 11.17-06.dx 4