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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 l;tuman, 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 J;i:nforcement
<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.
<br />II
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