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Hazardous Material on, under, in or about the Property, or the transportation of any such
<br />Hazardous Material to or from, the Property, or (ii) the failure of Borrower, Borrower's
<br />employees, agents, contractors, subcontractors, or any person acting on behalf of or as the invitee
<br />of any of the foregoing to comply with Environmental Laws, unless caused by the City's active
<br />or passive negligence. The foregoing indemnity shall further apply to any residual
<br />contamination in, on, under or about the Property or affecting any natural resources, and to any
<br />contamination of any property or natural resources arising in connection with the generation, use,
<br />handling, treatment, storage, transport or disposal of any such Hazardous Material, and
<br />irrespective of whether any of such activities were or will be undertaken in accordance with
<br />Environmental Laws.
<br />(c) Definitions
<br />(i) "Hazardous Material" means any chemical, compound, material,
<br />mixture, or substance that is now or may in the future be defined or listed in, or otherwise
<br />classified pursuant to any Environmental Laws (defined below) as a "hazardous substance ",
<br />"hazardous material ", "hazardous waste ", "extremely hazardous waste ", infectious waste ", toxic
<br />substance ", toxic pollutant ", or any other formulation intended to define, list or classify
<br />substances by reason of deleterious properties such as ignitability, corrosivity, reactivity,
<br />carcinogenicity, or toxicity. The term "hazardous material" shall also include asbestos or
<br />asbestos - containing materials, radon, chrome and /or chromium, polychlorinated biphenyls,
<br />petroleum, petroleum products or by- products, petroleum components, oil, mineral spirits,
<br />natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate,
<br />and methyl tert butyl ether, whether or not defined as a hazardous waste or hazardous substance
<br />in the Environmental Laws.
<br />(ii) "Environmental Laws" means any and all federal, state and local
<br />statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental
<br />authorizations or directives, or any other requirements of governmental authorities, as may
<br />presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the
<br />presence, release, generation, use, handling, treatment, storage, transportation or disposal of
<br />Hazardous Material, or the protection of the environment or human, plant or animal health,
<br />including, without limitation, the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of
<br />1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et
<br />seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal
<br />Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et
<br />seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33
<br />U.S.C. § 2701 et seq.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C.
<br />§ 11001 et seq.), the Porter - Cologne Water Quality Control Act (Cal. Water Code § 13000 et
<br />seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe
<br />Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et
<br />seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the
<br />Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
<br />§ 25500 et seq.), and the Carpenter - Presley- Tanner Hazardous Substances Account Act (Cal.
<br />Health and Safety Code, Section 25300 et seq.).
<br />1908324.5
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