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licenses and other operating authorizations regulating, or relating to or imposing liability or standards of
<br />conduct concerning (i) pollution or protection of the environment, including natural resources; (ii)
<br />exposure of persons, including employees and agents, to Hazardous Materials or other products, raw
<br />materials, chemicals or other substances; (iii) protection of the public health or welfare from the effects of
<br />by-products, wastes, emissions, discharges or releases of chemical substances from industrial or
<br />commercial activities; or (iv) regulation of the manufacture, use or introduction into commerce of chemical
<br />substances, including without limitation, their manufacture, formulation, labeling, distribution,
<br />transportation, handling, storage and disposal.
<br />"Hazardous Materials" means any substance, material or waste which is or becomes regulated
<br />by any local governmental authority, the State of California, or the United States Government, and
<br />includes without limitation (A) petroleum or oil or gas or any direct or indirect product or by-product
<br />thereof; (B) asbestos and any material containing asbestos; (C) any substance, material or waste
<br />regulated by, listed (directly or by reference) as a "hazardous substance," "hazardous material,"
<br />"hazardous waste," "toxic waste," "pollutant," "toxic pollutant," or "toxic substances" in, or similarly
<br />identified as hazardous to human health or the environment in or pursuant to (i) the Comprehensive
<br />Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq., (ii) the
<br />Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq., (iii) the Resource Conservation
<br />and Recovery Act, 42 U.S.C. 6901, et seq., (iv) the Clean Water Act, 33 U.S.C. Section 1251, et seq., (v)
<br />the Water Pollution Control Act, 33 U.S.C. Section 1317; (vi) the Clean Air Act, 42 U.S.C. Section 7901,
<br />et seq., and/or (vii) applicable State or Local Law; (D) any substance, material or waste which is defined
<br />as such or regulated by any "Superfund" or "Superlien" law, or any Environmental Law; or (E) any other
<br />hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic and
<br />regulated under any other federal, state or local environmental laws, including without limitation,
<br />asbestos, polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and byproducts.
<br />"Improvements" means all improvements required to upgrade the two existing buildings
<br />encompassing approximately 48,975 square feet on the Site in conformity with this Agreement, the
<br />Design Plans and all Conditions of Approval.
<br />"Participant" shall mean the owner of the Site, General Foundry Services Corporation, as long
<br />as and to the extent it owns the Site or any portion thereof, and thereafter, any of its successors and
<br />assigns to the Site or any portion thereof.
<br />"Project" means the design, development and construction of the Improvements and all related
<br />rights or obligations of the Parties within or concerning the Site in accordance with this Agreement.
<br />"Project Area" means the West San Leandro/MacArthur Boulevard Redevelopment Project Area
<br />as established by the Redevelopment Plan.
<br />"Project Loan" means the terms and conditions of the promissory note and loan agreement
<br />attached to this Agreement as Exhibit B and incorporated herein.
<br />"Redevelopment Plan" means the "Redevelopment Plan for the West San Leandro/MacArthur
<br />Boulevard Redevelopment Project Area" approved and adopted by the City Council of the City of San
<br />Leandro by Ordinance No. 99-025 on July 19, 1999; as amended by Ordinance No. 2000-14 on June 26,
<br />2000; and as such plan now exists or may hereafter be amended.
<br />"Site" means that portion of the Project Area consisting of approximately 2.1 acres of real
<br />property located at 2420 - 2424 Merced Street, San Leandro, California as described in Exhibit C and
<br />incorporated herein. The term "Site" shall mean and refer to all portions of the Site, regardless of any
<br />future subdivision or parcelization. The Site is located within the Project Area and the boundaries of the
<br />City.
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