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to Developer, and (iii) Hazardous Materials existing on the Property prior to the Closing Date
<br /> unless the presence of such Hazardous Materials on the Property resulted from the actions of
<br /> Developer or Developer Indemnitees.
<br /> To the greatest extent allowed by law, except to the extent arising as a result of the gross
<br /> negligence or willful misconduct of Developer or Developer Indemnitees, City shall indemnify,
<br /> • defend (with counsel approved by Developer) and hold Developer and Developer's agents,
<br /> partners, directors, officers, employees, consultants, contractors or subcontractors ("Developer
<br /> Indemnitees") harmless from and against all Claims resulting, arising, or based directly or
<br /> indirectly in whole or in part, upon (i) conditions known to City that City failed to disclose to
<br /> Developer, or (ii) Hazardous Materials released in, on, under, or from the Property as a result of
<br /> City's actions during City' s ownership of the Property.
<br /> 6.8 Definitions.
<br /> 6.8. 1 "Hazardous Material" means any chemical, compound, material, mixture,
<br /> or substance that is now or may in the future be defined or listed in, or otherwise classified
<br /> pursuant to any Environmental Laws (defined below) as a "hazardous substance", "hazardous
<br /> material", "hazardous waste", "extremely hazardous waste", infectious waste", toxic substance",
<br /> toxic pollutant", or any other formulation intended to define, list or classify substances by reason
<br /> of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity.
<br /> The term "hazardous material" shall also include asbestos or asbestos-containing materials, radon,
<br /> chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by-
<br /> products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied
<br /> natural gas, or synthetic gas usable as fuel, perchlorate, and methyl tert butyl ether, whether or not
<br /> defined as a hazardous waste or hazardous substance in the Environmental Laws.
<br /> 6.8.2 "Environmental Laws" means any and all federal, state and local statutes,
<br /> ordinances, orders, rules, regulations, guidance documents, judgments, governmental
<br /> authorizations or directives, or any other requirements of governmental authorities, as may
<br /> presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the
<br /> presence, release, generation, use, handling, treatment, storage, transportation or disposal of
<br /> Hazardous Material, or the protection of the environment or human, plant or animal health,
<br /> including, without limitation, the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of
<br /> 1986 (42 U.S.C. § 9601 ), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.),
<br /> the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water
<br /> Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the
<br /> Toxic Substances Control Act ( 15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701
<br /> et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.),
<br /> the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Toxic Mold
<br /> Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic
<br /> Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste
<br /> Control Act (Cal . Health & Safety Code § 25100 et seq.), the Hazardous Materials Release
<br /> Response Plans & Inventory Act (Cal . Health & Safety Code § 25500 et seq.), and the Carpenter-
<br /> Presley-Tanner Hazardous Substances Account Act (Cal. Health and Safety Code, Section 25300
<br /> et seq.).
<br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA
<br /> REV: 09-18-17 VR
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