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the Developer or from its own investigations. It is further agreed that City does not and shall not
<br />waive any rights against Developer that they may have by reason of this indemnity and hold
<br />harmless agreement because of the acceptance by City, or the deposit with City by Developer, of
<br />any of the insurance policies described in this Agreement.
<br />9.3 Hazardous Materials. As used herein, the term “Hazardous Materials” means
<br />any substance, material or waste which is or becomes regulated by any federal, state or local
<br />governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct
<br />or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii)
<br />any substance, material or waste regulated by or listed (directly or by reference) as a “hazardous
<br />substance”, “hazardous material”, “hazardous waste”, “toxic waste”, “toxic pollutant”, “toxic
<br />substance”, “solid waste” or “pollutant or contaminant” in or pursuant to, or similarly identified
<br />as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control
<br />Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and
<br />Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation
<br />Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery
<br />Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251],
<br />the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of
<br />Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the
<br />California Hazardous Substances Account Act [California Health and Safety Code Section
<br />25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section
<br />25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California
<br />Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control
<br />Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended,
<br />together with any regulations promulgated thereunder; (iv) any substance, material or waste
<br />which is defined as such or regulated by any “Superfund” or “Superlien” law, or any
<br />Environmental Law; or (v) any other substance, material, chemical, waste or pollutant identified
<br />as hazardous or toxic and regulated under any other federal, state or local environmental law,
<br />including without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and
<br />synthetic fuel products and by-products.
<br />9.4 Environmental Laws. As used herein, the term “Environmental Laws” means
<br />all federal, state or local statutes, ordinances, rules, regulations, orders, decrees, judgments or
<br />common law doctrines, and provisions and conditions of permits, licenses and other operating
<br />authorizations regulating, or relating to, or imposing liability or standards of conduct concerning
<br />(i) pollution or protection of the environment, including natural resources; (ii) exposure of
<br />persons, including employees and agents, to Hazardous Materials (as defined above) or other
<br />products, raw materials, chemicals or other substances; (iii) protection of the public health or
<br />welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical
<br />substances from industrial or commercial activities; (iv) the manufacture, use or introduction into
<br />commerce of chemical substances, including without limitation, their manufacture, formulation,
<br />labeling, distribution, transportation, handling, storage and disposal; or (iv) the use, release or
<br />disposal of toxic or hazardous substances or Hazardous Materials or the remediation of air,
<br />surface waters, groundwaters or soil, as now or may at any later time be in effect, including but
<br />not limited to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive
<br />Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the
<br />144\259\1892880.4
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