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<br /> (iv)defined as a "hazardous substance" or "hazardous waste" under Section 101 of the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
<br /> by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called
<br /> "superfund" or"superlien" law; (v)defined as a "pollutant"or"contaminant" under 42 U.S.C.A.
<br /> § 9601(33); (vi) defined as "hazardous waste" under 40 C.F.R. Part 260; (vii) defined as a
<br /> "hazardous chemical" under 29 C.F.R. Part 1910; any matter within the definition of"hazardous
<br /> substance" set forth in 15 U.S.C. § 1262; (viii)any matter, waste or substance regulated under
<br /> the Toxic Substances Control Act("TSCA") [15 U.S.C. Sections 2601, et seq.]; (ix) any matter,
<br /> waste or substance regulated under the Hazardous Materials Transportation Act, 49 U.S.C.
<br /> Sections 1801, et seq.; (x)those substances listed in the United States Department of
<br /> , Transportation (DOT) Table [49 CFR 172.101]; (xi)any matter, waste or substances designated
<br /> by the EPA, or any successor authority, as a hazardous substance [40 CFR Part 302]; (xii)any
<br /> matter, waste or substances defined as "hazazdous waste" in Section 25117 of the Califomia
<br /> Health and Safety Code; (xiii)any substance defined as a "hazardous substance" in
<br /> Section 25316 of the California Health and Safety Code; (xiv)any matter, waste, or substance
<br /> that is subject to any other Law regulating, relating to or imposing obligations, liability or
<br /> standards of conduct concerning protection of human health, plant life, animal life, natural
<br /> resources, property or the enjoyment of life or property free from the presence in the
<br /> environment of any solid, liquid, gas, odor or any form of energy from whatever source; or
<br /> (xv}other substances, materials, and wastes that are, or become, regulated or classified as
<br /> hazardous or toxic under any Laws or the regulations adopted pursuant to any Laws, including
<br /> manure, asbestos,polychlorinated biphenyl,flammable explosives and radioactive material.
<br /> 1.1.59 "Hazardous Substance Dischaz�e" means any deposit, discharge,
<br /> generation, release, or spill of a Hazazdous Substance that occurs at on, under, into or from the
<br /> Site, or during transportation of any Hazardous Substance to or from the Site(whether on its own
<br /> or contained in other material or property),or that arises at any time from the use or operation of
<br /> the Pxoject or any activities conducted at on, under or from the Site or any adjacent or nearby
<br /> real property, or resulting from seepage, leakage, or other transmission of Hazardous Substances
<br /> from other real property to the Site, whether or not caused by a Party or whether occurring before
<br /> or after the Close of Escrow.
<br /> 1.1.60 "Tndemnifv" means, where this Agreement states that any Indemnitor
<br /> shall "indemnify" any Indemnitee from, against, or for a particular matter, that the Indemnitor
<br /> shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against
<br /> any and all actual loss, cost, claims, liability, penalties, judgments, damages, and other injury,
<br /> detriment, or expense (including Legal Costs, interest and penalties) that the Indemnitee suffers
<br /> or incurs: (a) from, as a result of, or on account of the particular matter; or (b)in enforcing the
<br /> Indemnitor's indemnity obligation, but not including consequential damages or damages for lost
<br /> profits. "Indemnified"shall have the correlative meaning.
<br /> 1.1.61 "Indemnitee" means any Person entitled to be Indemnified under the
<br /> terms of this Agreement.
<br /> 1.1.62 "Indemnitor"means a Party that agrees to Indemnify any other Person.
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<br /> 2013.118/BLOCK 2 HUNTER STORM
<br /> REV:07-26-13 PT
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