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Section 9.2 shall not apply to acts described in clause (i) above caused by the gross negligence or
<br />willful misconduct of an Indemnitee.
<br />9.2.1 No Limitation. Developer hereby acknowledges and agrees that
<br />Developer's duties, obligations and liabilities under this Agreement, including, without
<br />limitation, under Section 9.2 above, are in no way limited or otherwise affected by any
<br />information the Agency or the City may have concerning the Property and/or the presence in, on,
<br />under or about the Property of any Hazardous Materials, whether the Agency or the City
<br />obtained such information from the Developer or from its own investigations. It is further agreed
<br />that Agency and City do not and shall not waive any rights against Developer that they may have
<br />by reason of this indemnity and hold harmless agreement because of the acceptance by Agency
<br />or City, or the deposit with Agency or City by Developer, of any of the insurance policies
<br />described in this Agreement.
<br />9.3 Hazardous Materials. As used herein, the term "Hazardous Materials" means
<br />any substance, material or waste which is or becomes regulated by any federal, state or local
<br />governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct
<br />or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii)
<br />any substance, material or waste regulated by or listed (directly or by reference) as a "hazardous
<br />substance" "hazardous material" "hazardous waste" "toxic waste" "toxic pollutant" "toxic
<br />substance", "solid waste" or "pollutant or contaminant" in or pursuant to, or similarly identified
<br />as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control
<br />Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and
<br />Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation
<br />Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery
<br />Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251],
<br />the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of
<br />Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the
<br />California Hazardous Substances Account Act [California Health and Safety Code Section
<br />25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section
<br />25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California
<br />Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control
<br />Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended,
<br />together with any regulations promulgated thereunder; (iv) any substance, material or waste
<br />which is defined as such or regulated by any "Superfund" or "Superlien" law, or any
<br />Environmental Law; or (v) any other substance, material, chemical, waste or pollutant identified
<br />as hazardous or toxic and regulated under any other federal, state or local environmental law,
<br />including without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and
<br />synthetic fuel products and by-products.
<br />9.4 Environmental Laws. As used herein, the term "Environmental Laws" means
<br />all federal, state or local statutes, ordinances, rules, regulations, orders, decrees, judgments or
<br />common law doctrines, and provisions and conditions of permits, licenses and other operating
<br />authorizations regulating, or relating to, or imposing liability or standards of conduct concerning
<br />(i) pollution or protection of the environment, including natural resources; (ii) exposure of
<br />persons, including employees and agents, to Hazardous Materials (as defined above) or other
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