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6.B. - Page 24 of 113
<br />7.4 City's Rights. In the event that any portion of the Property is determined to be
<br />"environmentally impaired" (as that term is defined in California Code of Civil Procedure Section
<br />726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil
<br />Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the City'
<br />s or the Trustee' s rights and remedies under the Deed of Trust, the City may elect to exercise its
<br />rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
<br />environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
<br />remedies of an unsecured creditor, including reduction of its claim against the Developer to
<br />judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
<br />the City' s right to proceed as an unsecured creditor under California Code of Civil Procedure
<br />Section 726.5(a), the Developer shall be deemed to have willfully permitted or acquiesced in a
<br />release or threatened release of hazardous materials, within the meaning of California Code of
<br />Civil Procedure Section 726.5(d)(1 ), if the release or threatened release of hazardous materials
<br />was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any
<br />portion of the Property and the Developer knew or should have known of the activity by such
<br />lessee, occupant, or user which caused or contributed to the release or threatened release. All costs
<br />and expenses, including (but not limited to) reasonable attorneys' fees, incurred by the City in
<br />connection with any action commenced under this paragraph, including any action required by
<br />California Code of Civil Procedure Section 726.5(b) to determine the degree to which the
<br />Property is environmentally impaired , shall be added to the indebtedness secured by the Deed
<br />of Trust and shall be due and payable to the City upon its demand made at any time following
<br />the conclusion of such action.
<br />7.5 No Limitation. Developer hereby acknowledges and agrees that Developer's
<br />duties, obligations and liabilities under this Agreement are in no way limited or otherwise
<br />affected by any information the City may have concerning the Property and/or the presence in,
<br />on, under or about the Property of any Hazardous Material, whether the City obtained such
<br />information from the Developer or from its own investigations.
<br />7.6 Definitions.
<br />7.6.1 "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",
<br />"hazardous material" "hazardous waste", "extremely hazardous waste", infectious waste",
<br />toxic substance", toxic pollutant", or any other formulation intended to define, list or
<br />classify substances by reason of deleterious properties such as ignitability , corrosivity,
<br />reactivity, carcinogenicity, or toxicity. The term "hazardous material" shall also include
<br />asbestos or asbestos -containing materials, radon, chrome and/or chromium,
<br />polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum
<br />components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, or
<br />synthetic gas usable as fuel, perchlorate, and methy tert butyl ether, whether or not defined
<br />as a hazardous waste or hazardous substance in the Environmental Laws.
<br />7.6.2 "Environmental Laws" means any and all federal, state and local statutes,
<br />ordinances, orders, rules, regulations, guidance documents, judgments, governmental
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<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 20 of 109)
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