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<br />an assignment to a proposed assignee if (i) any anticipated use of the Premises by any proposed
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<br />assignee involves the generation or storage, use, treatment or disposal or release of Hazardous Material
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<br />in any manner or for any purpose, (ii) the proposed assignee has been required by any prior landlord,
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<br />lender or governmental authority to take remedial action in connection with Hazardous Material
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<br />contaminating a property, if the contamination resulted from such party's action or use of the property in
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<br />question, or (iii) the proposed assignee is subject to an enforcement order issued by any governmental
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<br />authority in connection with the release, use, disposal or storage of a Hazardous Material, then it shall not
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<br />be unreasonable for City to withhold its consent to an assignment to such proposed assignee.
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<br />14.5 Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any
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<br />toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or
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<br />radioactive material, including but not limited to, those substances, materials or wastes regulated now or
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<br />in the future under any of the following statutes or regulations and any and all of those substances
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<br />included within the definitions of "hazardous substances," "hazardous waste," "hazardous chemical
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<br />substance or mixture," "imminently hazardous chemical substance or mixture," " toxic substances,"
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<br />"hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or "Superfund" as
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<br />amended by SARA, 42 U.S.C. Sec. 9601 et seq., (b) RCRA, 42 U.S.C. Sec. 6901 et seq., (c) CWA.,
<br />33 U.S.C. Sec. 1251 et seq., (d) CAA, 42 U.S.C. Sec. 78401 et seq., (e) TSCA, 15 U.S.C. Sec. 2601
<br />et seq., (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407, (g) OSHA, 29 U.S.C. Sec. 651 et seq.
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<br />(h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., (i) USDOT Table (40 CFR Part
<br />302 and amendments) or the EPA Table (40 CFR Part 302 and amendments), U) California Superfund,
<br />Cal. Health & Safety Code Sec. 25300 et seq., (k) Cal. Hazardous Waste Control Act, Cal. Health &
<br />Safety Code Section 25100 et seq., (I) Porter-Cologne Act, Cal. Water Code Sec. 13000 et seq., (m)
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<br />Hazardous Waste Disposal Land Use Law, Cal. Health & Safety Code Sec. 25220 et seq., (n)
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<br />"Proposition 65,"Cal. Health and Safety Code Sec. 25249.5 et seq., (0) Hazardous Substances
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<br />Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California Hazardous
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<br />Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., (q) Air Resources Law, Cal. Health &
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<br />Safety Code Sec. 39000 et seq., (r) Hazardous Materials Release Response Plans and Inventory, Cal.
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<br />ATTY/AGR/2007.002
<br />012407
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