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products, raw materials, chemicals or other substances; (iii) protection of the public health or
<br />welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical
<br />substances from industrial or commercial activities; (iv) the manufacture, use or introduction into
<br />commerce of chemical substances, including without limitation, their manufacture, formulation,
<br />labeling, distribution, transportation, handling, storage and disposal; or (iv) the use, release or
<br />disposal of toxic or hazardous substances or Hazardous Materials or the remediation of air,
<br />surface waters, groundwaters or soil, as now or may at any later time be in effect, including but
<br />not limited to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive
<br />Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the
<br />Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the
<br />Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution
<br />Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the
<br />California Underground Storage of Hazardous Substances Act [California Health and Safety
<br />Code Section 25280, et seq.], the California Hazardous Substances Account Act [California
<br />Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California
<br />Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic
<br />Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-
<br />Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as each of
<br />the foregoing now exist or are hereafter amended, together with any regulations promulgated
<br />thereunder.
<br />ARTICLE X
<br />DEFAULTS, REMEDIES AND TERMINATION
<br />10.1 Event of Developer Default. The following events shall constitute an event of
<br />default on the part of Developer ("Event of Developer Default"):
<br />(a) Developer fails to commence or complete construction of the Project within the
<br />times set forth in Section 3.6, or subject to force majeure, abandons or suspends construction of
<br />the Project prior to completion for a period of sixty (60) days or more;
<br />(b) Developer fails to pay when due the principal and interest (if any) payable under
<br />the Agency Note or City Note and such failure continues for thirty (30) days after Agency or
<br />City notifies Developer thereof in writing;
<br />(c) A Transfer occurs, either voluntarily or involuntarily, in violation of Article VII;
<br />(d) Developer fails to maintain insurance on the Property and the Project as required
<br />pursuant to this Agreement, and Developer fails to cure such default within ten (10) days;
<br />(e) Subject to Developer's right to contest the following charges pursuant to Section
<br />6.3, if Developer fails to pay prior to delinquency taxes or assessments due on the Property or the
<br />Project or fails to pay when due any other charge that may result in a lien on the Property or the
<br />Project, and Developer fails to cure such default within 30 days of date of delinquency, but in all
<br />events upon the imposition of any such tax or other lien;
<br />9s~o~o-a 31
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