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public hearing with 30 days advance written notice to the other Party and to the Association, if
<br /> the Association is still a tenant in the Courthouse at the time the notice is given.
<br /> Section 12. Eminent Domain.
<br /> Each of the Parties hereto covenants and agrees that it will not use its powers of eminent
<br /> domain to condemn any interest of the other Party in the Courthouse Block.
<br /> Section 13. Hazardous Materials.
<br /> 13.1 Definitions
<br /> 13.1.1 `Environmental Laws" shall mean any present or future federal, state,
<br /> local or administrative law, rule, regulation, order or requirement relating to Hazardous
<br /> Material (including, without limitation, its use, handling, transportation, production,
<br /> disposal, discharge or storage), or to health and safety, industrial hygiene or the
<br /> environment, including, without limitation, soil, air and groundwater conditions.
<br /> 13.1.2 "Hazardous Material" shall mean any material that, because of its
<br /> quantity, concentration or physical or chemical characteristics, is at any time now or
<br /> hereafter deemed by any federal, state or local government authority to pose a present or
<br /> potential hazard to human health, welfare or safety or to the environment. Hazardous
<br /> Material includes, without limitation, any material or substance defined as a "hazardous
<br /> substance," "pollutant" or "contaminant" pursuant to the Comprehensive Environmental
<br /> Response, Compensation and Liability Act of 1980 ("CERCLA", also commonly known
<br /> as the "Superfund" law), as amended (42 U.S.C. Sections 9601 et seq.) or pursuant to
<br /> 25316 of the California Health & Safety Code; any "hazardous waste" as listed pursuant
<br /> to Section 25140 of the California Health & Safety Code; and petroleum, including crude
<br /> oil or any fraction thereof, natural gas or natural gas liquids.
<br /> 13.1.3 "Investigate and Remediate" ("Investigation" and "Remediation") shall
<br /> mean the undertaking of any activities to determine the nature and extent of Hazardous
<br /> Material that may be located in, on or about the Courthouse Square or that has been, are
<br /> being or threaten to be Released into the environment, and to clean up, remove, contain,
<br /> treat, stabilize, monitor or otherwise control such Hazardous Material.
<br /> 13.1.4 "Release" when used with respect to Hazardous Material shall include any
<br /> actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br /> injecting, escaping, leaching, dumping, or disposing into or inside the Courthouse Square,
<br /> or in, on, under or about any part thereof or into the environment.
<br /> 13.2 If any act or omission of either Party, or its agents, tenants or invitees, results in
<br /> the Release of Hazardous Material in, on, under or about the Courthouse Square in violation of
<br /> any applicable Environmental Laws, then the responsible Party shall, on behalf of itself and its
<br /> successors and assigns, indemnify, hold harmless and defend the other Party, including, but not
<br /> limited to, all of its boards, commissions, departments, agencies and other subdivisions,
<br /> REDW\0007\DOC\001-13 FINAL
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