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8
<br /> 3239132.3 City Loan Agreement
<br />3.8 TAXES AND OTHER LIABILITIES. Borrower shall pay and discharge when due any and all
<br />indebtedness, obligations, assessments, taxes, including federal and state payroll and income taxes which
<br />are the obligations of Borrower in relation to the Property or the Improvements except those that Borrower
<br />may in good faith contest or as to which a bona fide dispute may arise, provided provision is made to the
<br />satisfaction of City for eventual payment thereof in the event that it is found that the same is an obligation of
<br />Borrower.
<br />3.9 HAZARDOUS MATERIALS.
<br />3.9.1 Covenants. Borrower shall not cause or permit any Hazardous Materials (as defined
<br />below) to be brought upon, kept, stored or used in, on, or about the Property by Borrower, or the agents,
<br />employees, contractors or invitees of Borrower except for materials commonly used in construction activities
<br />similar to those related to the Improvements, or in the operation and maintenance of the Property and the
<br />Improvements, in each case in compliance with all applicable laws, and shall not cause any release of
<br />Hazardous Materials into, onto, under or through the Property. If any Hazardous Material is discharged,
<br />released, dumped, or spilled in, on, under, or about the Property and results in any contamination of the
<br />Property or adjacent property, or otherwise results in the release or discharge of Hazardous Materials in, on,
<br />under or from the Property, Borrower shall promptly take all actions at Borrower’s sole expense as are
<br />necessary to comply with all Environmental Laws (as defined below).
<br />“Hazardous Materials” means any substance, material or waste which is or becomes regulated by
<br />any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas
<br />or any direct 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 substance”,
<br />“hazardous material”, “hazardous waste”, “toxic waste”, “toxic pollutant”, “toxic substance”, “solid waste” or
<br />“pollutant or contaminant” in or pursuant to, or similarly identified as hazardous to human health or the
<br />environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the
<br />Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.],
<br />the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource
<br />Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C.
<br />Section 1251], 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 California
<br />Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the
<br />California 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 25249.5, et
<br />seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as
<br />they now exist or are hereafter amended, together with any regulations promulgated thereunder; (iv) any
<br />substance, material or waste which is defined as such or regulated by any “Superfund” or “Superlien” law, or
<br />any Environmental Law; or (v) any other substance, material, chemical, waste or pollutant identified as
<br />hazardous or toxic and regulated under any other federal, state or local environmental law, including without
<br />limitation, 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, regulations,
<br />orders, decrees, judgments or common law doctrines, and provisions and conditions of permits, licenses and
<br />other operating authorizations regulating, or relating to, or imposing liability or standards of conduct
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