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<br />ATTY/AGR/2022.014.07/TRI-PARTY AGREEMENT
<br />REV: 01-25-2022 VR
<br />of Hazardous Substances; (ii) the performance of the Demolition Work after
<br />Acceptance of the Demolition Work; or (iii) the physical characteristics of the
<br />County Parcel after the termination of the Demolition Agreement; provided, that
<br />the foregoing City and County obligations exclude Claims to the extent caused: (x)
<br />by the presence of Hazardous Substances on the County Parcel directly caused
<br />by Developer’s Activities; or (y) the negligence of Developer or its contractor or
<br />subcontractors. Each of Owner and County acknowledges that it is represented
<br />by counsel and that it understands the significance of executing this Demolition
<br />Agreement and the general release of claims and indemnifications and defense
<br />obligation set forth above. Each of Owner and County has read and has been fully
<br />advised of the contents of Section 1542 of the Civil Code of the State of California
<br />and Owner hereby expressly waives any and all rights and the benefits and
<br />protections of California Civil Code Section 1542, which reads as follows:
<br />“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
<br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
<br />AND THAT, IF KNOWN TO HIM OR HER, WOULD HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
<br />PARTY.”
<br />OWNER’S INITIALS: __________COUNTY’S INITIALS: __________
<br />Each of Owner and County’s obligations under this Section shall survive the
<br />expiration or earlier termination of this License.
<br />(e) “Hazardous Substances” means any (i) substance, product, waste or other
<br />material of any nature whatsoever which is or becomes listed, regulated, or
<br />addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; the Hazardous
<br />Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource
<br />Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (“RCRA”); the Toxic
<br />Substances Control Act, 15 U.S.C. § 2601 et seq.; The Clean Water Act, 33 U.S.C.
<br />§ 1251, et seq.; the Hazardous Waste Control Act, California Health and Safety
<br />Code (“H.&S.C.”) § 25100, et seq.; the Hazardous Substance Account Act, H.&
<br />S.C. § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement
<br />Act, H. & S.C. § 25249.5, et seq.; Underground Storage of Hazardous Substances
<br />H.& S.C. § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance
<br />Account Act (H.&S.C. § 25300 et seq.); the Hazardous Waste Management Act,
<br />H.&S.C. §§ 25170.1, et seq.; Hazardous Materials Response Plans and Inventory
<br />H.& S.C. § 25001 et seq.; or the Porter-Cologne Water Quality Control Act, Water
<br />Code § 13000, et seq., all as amended, or any other federal, state or local statute,
<br />law, ordinance, resolution, code, rule, regulation, order or decree regulating,
<br />relating to, or imposing liability or standards of conduct concerning, any hazardous,
<br />toxic or dangerous waste, substance or material, as now or at any time hereafter
<br />in effect; (ii) any substance, product, waste or other material of any nature
<br />whatsoever which may give rise to liability under any of the above statutes; (iii)
<br />petroleum, crude oil or any substance which contains gasoline, diesel fuel or other
<br />petroleum hydrocarbons other than petroleum and petroleum products contained
<br />within regularly operated motor vehicles; (iv) polychlorinated biphenyls (PCB),
<br />MC
<br />MC
<br />MSD
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