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indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, storage
<br /> or disposal or the alleged presence, release, discharge, storage or disposal of any Hazardous
<br /> Materials on, under, in or about, or the transportation of any such Hazardous Materials to or
<br /> from, the Property, or (ii) the failure of Borrower, Borrower's employees, agents, contractors,
<br /> subcontractors, or any person acting on behalf of any of the foregoing to comply with
<br /> Environmental Laws or the covenants set forth in Section 8.1. The foregoing indemnity shall
<br /> further apply to any residual contamination in, on, under or about the Property or affecting any
<br /> natural resources, and to any contamination of any property or natural resources arising in
<br /> connection with the generation, use, handling, treatment, storage, transport or disposal of any
<br /> such Hazardous Materials, and irrespective of whether any of such activities were or will be
<br /> undertaken in accordance with Environmental Laws. The provisions of this Section 8.2 shall
<br /> survive the expiration or earlier termination of this Agreement.
<br /> 8.2.1 No Limitation. Borrower hereby acknowledges and agrees that
<br /> Borrower's duties obligations and liabilities under this Agreement, including, without limitation,
<br /> under Section 8.2 above, are in no way limited or otherwise affected by any information the City
<br /> may have concerning the Property and /or the presence in, on, under or about the Property of any
<br /> Hazardous Materials, whether the City obtained such information from the Borrower or from its
<br /> own investigations. It is further agreed that City does not and shall not waive any rights against
<br /> Borrower that they may have by reason of this indemnity and hold harmless agreement because
<br /> of the acceptance by City, or the deposit with City by Borrower, of any of the insurance policies
<br /> described in this Agreement.
<br /> 8.3 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 sitnilarly identified
<br /> as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control
<br /> Act [ 15 U.S.C. Section 2601, et seq.]; the Comprehensive Environmental Response,
<br /> Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials
<br /> Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation
<br /> and Recovery Act [42 U.S.C. Section 6901, et seq.], the Federal Water Pollution Control Act [33
<br /> U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, el 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; (iv) any substance,
<br /> material or waste which is defined as such or regulated by any "Superfund" or "Superlien" law,
<br /> or any Environmental Law; or (v) any other substance, material, chemical, waste or pollutant
<br /> identified as hazardous or toxic and regulated under any other federal, state or local
<br /> 1755895.3 22
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