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<br />hereafter deemed by any federal, state or local governmental authority to pose a present or potential <br /> <br />hazard to public health, welfare or the environment. <br /> <br />Hazardous Material includes, without <br /> <br />limitation, any material or substance defined as a "hazardous substance, pollutant or contaminant" <br /> <br />pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, <br /> <br />as amended (42 U.S.C. Sections 9601 et seq.), the Resource Conservation and Recovery Act (42 <br /> <br />U.S.C. 6901 et seq.), or pursuant to Section 25316 of the California Health and Safety Code; a <br /> <br />"hazardous waste" listed pursuant to Section 25140 of the California Health and Safety Code; any <br /> <br />asbestos and asbestos containing materials whether or not such materials are part of the Bradford <br /> <br />Street Property or are naturally occurring substances on the Bradford Street Property, and any <br /> <br />petroleum, including, without limitation, crude oil or any fraction thereof, natural gas, or natural gas <br /> <br />liquids. <br /> <br />5. Exceptions to Title. <br /> <br />Agency has reviewed the Preliminary Report (Order No.437455, First American <br /> <br />Title Co.) on the Bradford Street Property, dated May 18, 1998, as amended, and copies of the <br /> <br />exceptions stated therein, including, but not limited to covenants, conditions, restrictions, <br /> <br />reservations, easements, rights-of-way of record, liens, and other matters of record. Agency <br /> <br />approves the exceptions stated therein, with the exception of the following: <br /> <br />(1) Exception No.8, relating to that certain Lease Agreement dated July 15, <br /> <br />1991, and evidenced by a Memorandum of Lease Agreement recorded August 7, 1991, as <br /> <br />Document No. 91102772 in the Official Records of San Mateo County. <br /> <br />(2) Exception No.9, relating to an Indenture of Trust, dated July 15, 1991, as <br /> <br />disclosed by the Memorandum of Lease referred to in Exception No.8. <br />Agmt-193 <br />f/sh/shlRC/Councii <br />FXS:rg <br />08/25/98 <br /> <br />5 <br /> <br />--""" -""" " <br />