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<br /> 7.3.A. - Page 44
<br /> liabilities and losses (including, without limitation, diminution in value of the Property, and sums
<br /> paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise as a
<br /> result of any breach of the obligations contained in this Section or any contamination, discharge,
<br /> or release of Hazardous Materials. This indemnification of Beneficiary by Trustor includes,
<br /> without limitation, costs incurred in connection with any investigation of site conditions or any
<br /> cleanup, remedial, removal or restoration work required by any federal, state or local
<br /> governmental agency or political subdivision because of Hazardous Materials present in, on or
<br /> under the Property or adjacent property caused by or as a result of Trustor's activities. If any
<br /> Hazardous Materials are discharged, released, dumped, or spilled on, under, or about the
<br /> Property and result in any contamination of the Property or adjacent property, or otherwise
<br /> result in the release or discharge on, under or from the Property of Hazardous Materials, Trustor
<br /> shall promptly take all actions at its sole expense as are necessary to comply with, and in
<br /> accordance with, all Environmental Laws (as defined below).
<br /> "Hazardous Materials" means any substance, material or waste which is or becomes regulated
<br /> by any federal, state or local governmental authority, and includes without limitation
<br /> (i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos
<br /> and any material containing asbestos; (iii) any substance, material or waste regulated by or
<br /> listed (directly or by reference) as a "hazardous substance", "hazardous material", "hazardous
<br /> waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or
<br /> contaminant in or pursuant to, or similarly identified as hazardous to human health or the
<br /> ,� �
<br /> environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C. 2601, et seq.], the
<br /> Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section
<br /> 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section
<br /> 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the
<br /> Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C.
<br /> Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act
<br /> [California Health and Safety Code Section 25280, et seq.], the California Hazardous
<br /> Substances Account Act [California Health and Safety Code Section 25300, et seq.], the
<br /> California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the
<br /> California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code
<br /> Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water
<br /> Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any
<br /> regulations promulgated thereunder; (iv) any substance, material or waste which is defined as
<br /> such or regulated by any "Superfund" or "Superlien" law, or any Environmental Law; or (v) any
<br /> other substance, material, chemical, waste or pollutant identified as hazardous or toxic and
<br /> regulated under any other federal, state or local environmental law, including without limitation,
<br /> asbestos, polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by-
<br /> products.
<br /> "Environmental Law" means all federal, state or local statutes, ordinances, rules, regulations,
<br /> orders, decrees, judgments or common law doctrines, and provisions and conditions of permits,
<br /> licenses and other operating authorizations regulating, or relating to, or imposing liability or
<br /> standards of conduct concerning (i) pollution or protection of the environment, including natural
<br /> resources; (ii) exposure of persons, including employees and agents, to Hazardous Materials
<br /> (as defined above) or other products, raw materials, chemicals or other substances;
<br /> (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions,
<br /> discharges or releases of chemical substances from industrial or commercial activities; (iv) the
<br /> manufacture, use or introduction into commerce of chemical substances, including without
<br /> limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage
<br /> OAK#4852-3988-7653 v1
<br /> ATTY/RES0.3085lCC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B-4 DEED OF TRUST
<br /> REV:07-22-15 VR
<br /> Page 13 of 19
<br /> 38 RESO.#15428
<br /> MUFF#705
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