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<br />Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations
<br />promulgated thereunder; (iv) any substance, material or waste which is defined as such or
<br />regulated by any "Superfund" or "Superlien" law, or any Environmental Law; or (v) any other
<br />substance, material, chemical, waste or pollutant identified as hazardous or toxic and regulated
<br />under any other federal, state or local environmental law, including without limitation, asbestos,
<br />polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by-products.
<br />
<br />"Environmental Law" means all federal, state or local statutes, ordinances, rules,
<br />regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions
<br />of permits, licenses and other operating authorizations regulating, or relating to, or imposing
<br />liability or standards of conduct concerning (i) pollution or protection of the environment,
<br />including natural resources; (ii) exposure of persons, including employees and agents, to
<br />Hazardous Materials (as defined above) or other products, raw materials, chemicals or other
<br />substances; (iii) protection ofthe public health or welfare from the effects of by-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial
<br />activities; (iv) the manufacture, use or introduction into commerce of chemical substances,
<br />including without limitation, their manufacture, formulation, labeling, distribution,
<br />transportation, handling, storage and disposal; or (iv) the use, release or disposal oftoxic or
<br />hazardous substances or Hazardous Materials or the remediation of air, surface waters,
<br />groundwaters or soil, as now or may at any later time be in effect, including but not limited to the
<br />Toxic Substances Control Act [15 US.c. 2601, et seq.]; the Comprehensive Environmental
<br />Response, Compensation and Liability Act [42 US.c. Section 9601, et seq.], the Hazardous
<br />Materials Transportation Authorization Act [49 US.C. Section 5101, et seq.], the Resource
<br />Conservation'and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control
<br />Act [33 US.c. Section 1251], the Clean Air Act [42 US.c. Section 7401, et seq.], the California
<br />Underground Storage of Hazardous Substances Act [California Health and Safety Code Section
<br />25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety
<br />Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety
<br />Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act
<br />[California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water
<br />Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are
<br />hereafter amended, together with any regulations promulgated thereunder.
<br />
<br />4.13.2 Environmental Indemnification. Borrower shall indemnify, defend (with
<br />counsel reasonably acceptable to City), and hold the Indemnitees harmless from and against
<br />Liabilities arising directly or indirectly in any manner in connection with or as a result of the
<br />breach of Borrower's covenants set forth in Section 4.13.1 or the actual or alleged release or
<br />presence of any Hazardous Materials on, under, in or about the Property, whether known or
<br />unknown, foreseeable or unforeseeable, regardless of the source of such release or when such
<br />release occurred or such presence is discovered. The foregoing indemnity includes, without
<br />limitation, all costs of investigation, assessment, containment, removal, remediation of any kind,
<br />and disposal of such Hazardous Materials, all costs of determining whether the Property is in
<br />compliance with Environmental Laws, all costs associated with bringing the Property into
<br />compliance with all applicable Environmental Laws, and all costs associated with claims for
<br />damages or injury to persons, property, or natural resources. The indemnity described in this
<br />Section shall survive the expiration or termination of this Agreement, the making and repayment
<br />
<br />818012-3
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