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Property. Donors shall not be liable or responsible for any third -parry claims for damages incurred
<br />on or after the Closing Date.
<br />2.4 Definitions.
<br />2.4.1 "Environmental Laws" means all federal, state, local, or municipal
<br />laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any
<br />government authority regulating, relating to, or imposing liability or standards of conduct
<br />concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining
<br />to occupational health or industrial hygiene (and only to the extent that the occupational health or
<br />industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or
<br />about the Property), occupational or environmental conditions on, under, or about the Property, as
<br />now in effect, including without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and
<br />Reauthorization Act of 1986 (SARA) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation
<br />and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et
<br />seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33
<br />U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 U.S.C.A. §§ 2601 et
<br />seq.]; the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.A. §§ 1801 et seq.]; the
<br />Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.A. §§ 136 et seq.]; the
<br />Clean Air Act (CAA) [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42
<br />U.S.C.A. §§ 300f et seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA)
<br />[30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right -to -Know Act of
<br />1986 (EPCRA or EPCRTKA) [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health
<br />Act of 1970 (OSHA) [29 U.S.C.A. §§ 655, 657]; the California laws regarding the underground
<br />storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account
<br />Act [H & S C §§ 25300 et seq.]; the California laws regarding hazardous waste control [H & S C
<br />§§ 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C §§
<br />25249.5 et seq.]; the Porter -Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and any
<br />amendments of or regulations promulgated under the statutes cited above and any other federal,
<br />state, or local law, statute, ordinance, or regulation now in effect that pertains to occupational
<br />health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene
<br />laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property,
<br />or the regulation or protection of the environment, including ambient air, soil, soil vapor,
<br />groundwater, surface water, or land use.
<br />2.4.2 "Hazardous Substances" includes without limitation:
<br />(i) Those substances included within the definitions of
<br />"hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid
<br />waste," or "pollutant or contaminant" in CERCLA, RCRA, TSCA, HMTA, or under any other
<br />Environmental Law;
<br />(ii) Those substances listed in the United States Department of
<br />Transportation (DOT) Table [49 CFR 172.101 ], or by the Environmental Protection Agency
<br />(EPA), or any successor agency, as hazardous substances [40 CFR Part 302];
<br />REV: 10-29-2020 SK
<br />ATTY/AGR.2020.244/Casey Family Trust (Casey Property Donation Agreement) (Page 3 of 25)
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