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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 damages
<br /> or enforcement of the Environmental Provisions shall not constitute an action within the meaning
<br /> of Section 726(a) of the California Code of Civil Procedure or constitute a money judgment for a
<br /> deficiency or a deficiency judgment within the meaning of Sections 580a, 580b, 580d, or 726(b)
<br /> 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" in
<br /> 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 1251], the Clean Air Act [42 U.S.
<br /> C. 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 California
<br /> Hazardous Waste Act [California Health and Safety Code Section 25100, et 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
<br /> regulations promulgated thereunder; (iv) any substance, material or waste which is defined as
<br /> such or regulated by any "Superfund" or "Superlien" law, or any Environmental Law; or(v) any
<br /> other substance, material, chemical, waste or pollutant identified as hazardous or toxic and
<br /> regulated under any other federal, state or local environmental law, including without limitation,
<br /> asbestos,polychlorinated biphenyls,petroleum, natural gas and synthetic fuel products and by-
<br /> 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 /> 144\221\1596079.2
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