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<br />Doc# 2596240 Page 7 of 9
<br />15. Bay West agrees that throughout the term of this Agreement it shall not use the
<br />Property for the storage, handling, transportation, or disposal of any Hazardous
<br />Substances not specifically involved in the project. “Hazardous Substances” for
<br />purposes of this Agreement shall be interpreted broadly to include, but not be
<br />limited to, any material or substance that is defined, regulated or classified under
<br />any Environmental Law of other applicable federal, state or local laws and the
<br />regulations promulgated thereunder as: (i) a “hazardous substance” pursuant to
<br />Section 101 of the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §9601(14), the Federal Water Pollution Control Act, 33
<br />U.S.C. §1321(14), as now or hereafter amended; (ii) a “hazardous waste”
<br />pursuant to Section 1004 or Section 3001 of the Resource Conservation and
<br />Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or hereafter amended; (iii)
<br />toxic pollutant under section 307(a)(1) of the Federal Water Pollution Control Act,
<br />33 U.S.C. §1317(a)(1) as now or hereafter amended; (iv) a “hazardous air
<br />pollutant” under Section 112 of the Clean Air Act, 42 U.S.C. §7412(a)(6), as now
<br />or hereafter amended; (v) a “hazardous material” under the Hazardous Materials
<br />Transportation Uniform Safety Act of 1990, 49 U.S.C. §5102(2), as now or
<br />hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated
<br />now or hereafter under the aforementioned laws or any state or local counterpart
<br />to any of the aforementioned laws; or (vii) presenting a risk to human health or
<br />the environment under other applicable federal, state or local laws, ordinances or
<br />regulations, as now or as may be passed or promulgated in the
<br />future. “Hazardous Substances” shall also mean any substance that after
<br />release into the environment or upon exposure, ingestion, inhalation, or
<br />assimilation, either directly from the environment or directly by ingestion thro ugh
<br />food chains, will or may reasonably be anticipated to cause death, disease,
<br />behavior abnormalities, cancer, or genetic abnormalities and specifically
<br />includes, but is not limited to, asbestos, polychlorinated biphenyls (“PCBs”),
<br />radioactive materials, including radon and naturally occurring radio nuclides,
<br />natural gas, natural gas liquids, liquefied natural gas, synthetic gas, oil,
<br />petroleum and petroleum-based derivatives and urea formaldehyde. “Hazardous
<br />Substances” does not include diesel, propane, diesel exhaust fluid (DEF) to
<br />reduce NOx emissions from diesel engines, sodium hydroxide and PFAs -specific
<br />feed materials for research purposes that are to be used by Bay West for running
<br />the testing mobile unit on the Property.
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<br />Bay West will be solely liable for and will defend, indemnify, and hold City, its officials,
<br />employees, contractors, and agents harmless from and against any and all claims, costs and
<br />liabilities, including reasonable attorneys’ fees and costs, arising out of or in connection with Bay
<br />West’s use, storage, handling, transportation, or disposal of Hazardous Substances on, at or
<br />under the Property, including cleanup or restoration of the Property. Notwithstanding the
<br />foregoing, Bay West shall not be liable for or required to defend or indemnify the City, its
<br />officials, employees, contractors, and agents for any costs or liabilities caused by the
<br />negligence, willful act or omission of the City, its officials, employees, contractors, and agents.
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<br />The obligations of this Section shall survive the expiration or other termination of this
<br />Agreement.
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