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7.3.B. - Page 24 <br /> known by him or her must have materially affected his <br /> or her settlement with the debtor." <br /> Developer hereby waives and relinquishes any right or benefit which it has <br /> or may have under Section 1542 of the Civil Code of the State of <br /> California or any similar provision of the statutory or nonstatutory law of <br /> any other applicable jurisdiction to the full extent that it may lawfully <br /> waive all such rights and benefits pertaining to the subject matter of this <br /> Section 211. <br /> 5. Definitions <br /> a. As used in this Agreement, the term "Environmental Response <br /> Actions" means any and all activities, data compilations, <br /> preparation of studies or reports, interaction with environmental <br /> regulatory agencies, obligations and undertakings associated with <br /> environmental investigations, removal activities, remediation <br /> activities or responses to inquiries and notice letters, as may be <br /> sought, initiated or required in connection with any local, state or <br /> federal governmental or private party claims, including any claims <br /> by Developer or City. <br /> b. As used in this Agreement, the term "Environmental Response <br /> Costs" means any and all costs associated with Environmental <br /> Response Actions including, without limitation, any and all fines, <br /> penalties and damages. <br /> c. As used in this Agreement, the term "Hazardous Materials" means <br /> any substance, material or waste which is (1) defined as a <br /> "hazardous waste," "hazardous material," "hazardous substance," <br /> "extremely hazardous waste," "restricted hazardous waste," <br /> "pollutant" or any other terms comparable to the foregoing terms <br /> under any provision of California law or federal law; <br /> (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; <br /> (5) radioactive materials; or (6) determined by California, federal <br /> or local governmental authority to be capable of posing a risk of <br /> injury to health, safety or property. <br /> 6. Materiality <br /> Developer acknowledges and agrees that the defense, indemnification, <br /> protection and hold harmless obligations of Developer for the benefit of <br /> the City set forth in this Agreement are a material element of the <br /> consideration to the City for the performance of its obligations under this <br /> Agreement, and that the City would not have entered into this Agreement <br /> unless Developer's obligations were as provided for herein. Developer <br /> further acknowledges and agrees that the provisions of this Section 211 <br /> which extend representations, warranties, indemnifications, and /or <br /> ATTY /AGR /2014.197/RDW GREYSTAR PDA <br /> REV: 10 -01 -14 PT & VR <br /> 82483.00017\9102745.13 13 <br />