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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 Cert 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 Iocal 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. § I251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seg.), 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
<br />Page 27 of 94
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