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<br />ARPA Grant Agreement 7/1/2023
<br />Between City of San Leandro and
<br />Building Futures with Women and Children Page 5 of 11
<br />under or from the Property, Participant shall promptly take all actions at Participant’s sole expense as are
<br />necessary to comply with all Environmental Laws (as defined below).
<br />
<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 />
<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
<br />concerning (i) pollution or protection of the environment, including natural resources; (ii) exposure of persons,
<br />including employees and agents, to Hazardous Materials (as defined above) or other products, raw materials,
<br />chemicals or other substances; (iii) protection of the public health or welfare from the effects of by-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial activities;
<br />(iv) the manufacture, use or introduction into commerce of chemical substances, including without limitation,
<br />their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal; or (iv)
<br />the use, release or disposal of toxic or hazardous substances or Hazardous Materials or the remediation of
<br />air, surface waters, groundwaters or soil, as now or may at any later time be in effect, including but not limited
<br />to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response,
<br />Compensation and 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 Act [42 U.S.C.
<br />6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C.
<br />Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health
<br />and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California
<br />Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and
<br />Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act
<br />DocuSign Envelope ID: CA0082D5-0968-4878-8CC3-A2412BD38267
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