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<br />Agency for eventual payment thereof in the event that it is found that the same is an
<br />obligation of Owner.
<br />4.11 Reserved.
<br />4.13 HAZARDOUS MATERIALS.
<br />4.13.1 Covenants. Owner shall not cause or permit any Hazardous Materials
<br />(as defined below) to be brought upon, kept, stored or used in, on, or about the Property by
<br />Owner, or the agents, employees, contractors or invitees of Owner except for materials
<br />commonly used in construction activities similar to those related to the Project, or in the
<br />operation and maintenance of the Property and the Improvements, in each case in
<br />compliance with all applicable laws, and shall not cause any release of Hazardous
<br />Materials into, onto, under or through the Property. If any Hazardous Material is
<br />discharged, released, dumped, or spilled in, on, under, or about the Property and results in
<br />any contamination of the Property or adjacent property, or otherwise results in the release
<br />or discharge of Hazardous Materials in, on, under or from the Property, Owner shall
<br />promptly take all actions at Owner's sole expense as are necessary to comply with all
<br />Environmental Laws (as defined below).
<br />"Hazardous Materials" means any substance, material or waste which is or becomes
<br />regulated by any federal, state or local governmental authority, and includes without
<br />limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof;
<br />(ii) asbestos and any material containing asbestos; (iii) any substance, material or waste
<br />regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous
<br />material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste"
<br />or "pollutant or contaminant" in or pursuant to, or similarly identified as hazardous to human
<br />health or the environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C.
<br />2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability
<br />Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization
<br />Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42
<br />U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the
<br />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
<br />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
<br />Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist
<br />or are hereafter amended, together with any regulations promulgated thereunder; (iv) any
<br />substance, material or waste which is defined as such or regulated by any "Superfund" or
<br />"Superlien" law, or any Environmental Law; or (v) any other substance, material, chemical,
<br />waste or pollutant identified as hazardous or toxic and regulated under any other federal,
<br />state or local environmental law, including without limitation, asbestos, polychlorinated
<br />biphenyls, petroleum, natural gas and synthetic fuel products and by-products.
<br />"Environmental Law" means all federal, state or local statutes, ordinances, rules,
<br />regulations, orders, decrees, judgments or common law doctrines, and provisions and
<br />conditions of permits, licenses and other operating authorizations regulating, or relating to,
<br />or imposing liability or standards of conduct concerning (i) pollution or protection of the
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