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Civil Procedure ( "Section 736 ") for the recovery of damages and for the enforcement of the <br /> Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of <br /> damages or enforcement of the Environmental Provisions shall not constitute an action within <br /> the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money <br /> judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b. <br /> 580d, or 726(6) of the California Code of Civil Procedure. <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 limitation <br /> (i) petroleum or oil or gas or any direct or indirect product or by- product thereof; (ii) asbestos <br /> and any material containing asbestos; (iii) any substance, material or waste regulated by or listed <br /> (directly or by reference) as a "hazardous substance ", "hazardous material', "hazardous waste ", <br /> "toxic waste ", "toxic pollutant ", "toxic substance ", "solid waste" or "pollutant or contaminant" <br /> in or pursuant to, or similarly identified as hazardous to human health or the environment in or <br /> pursuant to, the Toxic Substances Control Act [15 U.S.C. Section 2601, et seq.]; the <br /> Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section <br /> 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section <br /> 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. Section 6901, et seq.], <br /> the Federal Water Pollution Control Act [33 U.S.C. Section 1251I, the Clean Air Act [42 U.S.C. <br /> Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act <br /> [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances <br /> Account Act [California Health and Safety Code Section 25300, et seq.], the Califomia <br /> Hazardous Waste Act [California Health and Safety Code Section 25100, el seq.], the California <br /> Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section <br /> 25249.5, et seq.], and the Porter - Cologne Water Quality Control Act [California Water Code <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 /> "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 any <br /> Hazardous Material (as defined above) or other products, raw materials, chemicals or other <br /> substances; (iii) protection of the 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 of toxic 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 U.S.C. 2601, et seq.]; the Comprehensive Environmental <br /> Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous <br /> 1755157.4 11 <br />