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below) as a"hazardous substance", "hazardous material", "hazardous waste", "extremely
<br /> hazardous waste", infectious waste",toxic substance", toxic pollutant", or any other formulation
<br /> intended to define, list or classify substances by reason of deleterious properties such as
<br /> ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "Hazardous Materials"
<br /> shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium,
<br /> polychlorinated biphenyls, petroleum,petroleum products or by-products,petroleum
<br /> components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and
<br /> synthetic gas usable as fuel,perchlorate, and methyl tert butyl ether,whether or not defined as a
<br /> hazardous waste or hazardous substance in the Environmental Laws.
<br /> 10.2. Environmental Laws. As used in this Agreement, "Environmental Laws"
<br /> means any and all federal, state and local statutes, ordinances, orders, rules, regulations,
<br /> guidance documents,judgments, governmental authorizations or directives, or any other
<br /> requirements of governmental authorities, as may presently exist,or as may be amended or
<br /> supplemented, or hereafter enacted,relating to the presence, release, generation, use,handling,
<br /> treatment, storage,transportation or disposal of Hazardous Materials, or the protection of the
<br /> environment or human, plant or animal health, including,without limitation,the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980, as amended by the
<br /> Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601),the Hazardous
<br /> Materials Transportation Act(49 U.S.C. § 1801 et seq.),the Resource Conservation and
<br /> Recovery Act(42 U.S.C. § 6901 et seq.),the Federal Water Pollution Control Act(33 U.S.C.
<br /> § 1251 et seq.),the Clean Air Act(42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act
<br /> (15 U.S.C. § 2601 et seq.), the Oil Pollution Act(33 U.S.C. § 2701 et seq.),the Emergency
<br /> Planning and Community Right-to-Know Act(42 U.S.C. § 11001 et seq.),the Porter-Cologne
<br /> Water Quality Control Act(Cal. Water Code § 13000 et seq.),the Toxic Mold Protection Act
<br /> (Cal. Health & Safety Code § 26100,et seq.), the Safe Drinking Water and Toxic Enforcement
<br /> Act of 1986 (Cal. Health& Safety Code § 25249.5 et seq.),the Hazardous Waste Control Act
<br /> (Cal. Health & Safety Code § 25100 et seq.),the Hazardous Materials Release Response Plans &
<br /> Inventory Act(Cal. Health& Safety Code § 25500 et seq.), and the Carpenter-Presley-Tanner
<br /> Hazardous Substances Account Act(Cal. Health and Safety Code, Section 25300 et seq.).
<br /> 11. MISCELLANEOUS.
<br /> 11.1. Attorneys' Fees. If any party employs counsel to enforce or interpret this
<br /> Agreement, including the commencement of any legal proceeding whatsoever(including
<br /> insolvency,bankruptcy, arbitration,mediation, declaratory relief or other litigation),the
<br /> prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs
<br /> (including the service of process, filing fees, court and court reporter costs, investigative fees,
<br /> expert witness fees, and the costs of any bonds,whether taxable or not) and shall include the
<br /> right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise
<br /> enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded.
<br /> Any judgment or final order issued in any legal proceeding shall include reimbursement for all
<br /> such attorneys' fees and costs. In any legal proceeding,the "prevailing party" shall mean the
<br /> party determined by the court to most nearly prevail and not necessarily the party in whose favor
<br /> a judgment is rendered.
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