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<br />D. This agreement is in accordance with Resolution No. 2008-023 RDA passed by the
<br />Members of the Redevelopment Agency for the City of San Leandro on 9/28/2008.
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<br /> NOW, THEREFORE, the Parties intend to, and do hereby, establish certain reciprocal
<br />easements, covenants and conditions with respect to the Parcels and the Property as follows:
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<br />1. Definitions.
<br /> “Environmental Laws” means any and all present and future federal, state, and local laws
<br />(whether under common law, statute, rule, regulation or otherwise), regulations, rules,
<br />guidelines, and ordinances relating to human health, safety, pollution, and protection of the
<br />indoor or outdoor environment or otherwise relating to the presence, manufacture, processing,
<br />distribution, use, treatment, storage, release, transport, handling, record keeping, notification,
<br />disclosure, and reporting requirements of and relating to Hazardous Substances, including,
<br />without limitation, the Comprehensive Environmental Response Compensation and Liability
<br />Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, and
<br />the Occupational Safety and Health Act, each as may be amended from time to time.
<br /> “Garage” is defined in Recital A.
<br /> “Hazardous Substance” means hazardous wastes, hazardous chemicals, flammable or
<br />explosive materials, biological and medical waste, radioactive materials, toxic materials or
<br />related materials (whether potentially injurious to persons or property and whether potentially
<br />injurious by themselves or in combination with other materials), including, but not limited to,
<br />any waste, chemical, substance or material now or hereafter determined by any federal, state or
<br />local governmental agency or authority having jurisdiction to be hazardous to human health or
<br />the environment or which is or becomes regulated by such agency or authority (including, but
<br />not limited to, those materials listed in the United States Department of Transportation
<br />Hazardous Materials Table as amended from time to time and gasoline, other petroleum based
<br />products and any fractions thereof), which are released to the environment, including, without
<br />limitation, the soil, groundwater and/or air, at, under or above the Property or any part thereof or
<br />the structures located thereon.
<br /> “Laws” means all laws, statutes, ordinances, codes, rules, and regulations of local, state,
<br />and federal governmental authorities, including those relating to public health and safety, access
<br />for persons with disability, fire safety, and building codes, and further including Environmental
<br />Laws.
<br /> “Lessee” means any lessee, sublessee or occupant of any building space within the
<br />Property, or any ground lessee, sublessee or occupant of any land within the Property.
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