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<br />or subcontractors of Contractor (whether or not they are negligent, intentional, willful or
<br />unlawful) shall be strictly attributable to Contractor.
<br />
<br />10.2 Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any
<br />toxic or hazardous substance, material or waste or any pollutant or contaminant or
<br />infectious or radioactive material, including but not limited to, those substances,
<br />materials or wastes regulated now or in the future under any of the following statutes or
<br />regulations and any and all of those substances included within the definitions of
<br />"hazardous substances," "hazardous waste," "hazardous chemical substance or
<br />mixture," "imminently hazardous chemical substance or mixture," " toxic substances,"
<br />"hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or
<br />"Superfund" as amended by SARA, 42 U.S.C. Sec. 9601 et seq., (b) RCRA, 42 U.S.C.
<br />Sec. 6901 et seq., (c) CWA., 33 U.S.C. Sec. 1251 et seq., (d) CAA, 42 U.S.C. Sec.
<br />78401 et seq., (e) TSCA, 15 U.S.C. Sec. 2601 et seq., (f) The Refuse Act of 1899,33
<br />U.S.C. Sec. 407, (g) OSHA, 29 U.S.C. Sec. 651 et seq. (h) Hazardous Materials
<br />Transportation Act, 49 U.S.C. Sec. 1801 et seq., (i) USDOT Table (40 CFR Part 302
<br />and amendments) or the EPA Table (40 CFR Part 302 and amendments), 0) California
<br />Superfund, Cal. Health & Safety Code Sec. 25300 et seq., (k) Cal. Hazardous Waste
<br />Control Act, Cal. Health & Safety Code Section 25100 et seq., (I) Porter-Cologne Act,
<br />Cal. Water Code Sec. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law,
<br />Cal. Health & Safety Code Sec. 25220 et seq., (n) "Proposition 65/'Cal. Health and
<br />Safety Code Sec. 25249.5 et seq., (0) Hazardous Substances Underground Storage
<br />Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California Hazardous
<br />Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., (q) Air Resources Law,
<br />Cal. Health & Safety Code Sec. 39000 et seq., (r) Hazardous Materials Release
<br />Response Plans and Inventory, Cal. Health & Safety Code Secs. 25500-25541, (s)
<br />TCPA, Cal. Health and Safety Code Secs. 25208 et seq., and (t) regulations
<br />promulgated pursuant to said laws or any replacement thereof, or as similar terms are
<br />defined in the federal, state and local laws, statutes, regulations, orders or rules.
<br />Hazardous Materials shall also mean any and all other substances, materials and
<br />wastes which are, or in the future become regulated under applicable local, state or
<br />federal law for the protection of health or the environment, or which are classified as
<br />hazardous or toxic substances, materials or wastes, pollutants or contaminants, as
<br />defined, listed or regulated by any federal, state or local law, regulation or order or by
<br />common law decision, including, without limitation, (i) trichloroethylene,
<br />tetrachloroloethylene, perchloroethylene and other chlorinated solvents, (ii) any
<br />petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v)
<br />flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste.
<br />
<br />11. Insurance. Contractor will obtain and maintain for the duration of the Agreement
<br />and any and all amendments, insurance against claims for injuries to persons or
<br />damage to property which may arise out of or in connection with performance of the
<br />Services by Contractor or Contractor's agents, representatives, employees or
<br />subcontractors. The insurance will be obtained from an insurance carrier admitted and
<br />authorized to do business in the State of California. The insurance carrier is required to
<br />have a current Best's Key Rating of not. less than "A-:V."
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<br />ATTY/AGR/2009.019 (2)
<br />042309
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