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1.1.26 Government. Each and every governmental agency, City, bureau,
<br />department, quasi -governmental body, or other entity or instrumentality having or claiming
<br />jurisdiction over the Property or the Development (or any activity this Regulatory Agreement
<br />requires or allows), including the government of the United States of America, the State and the
<br />County governments and their subdivisions and municipalities, including the City, the City, and
<br />all other applicable governmental agencies, authorities, and subdivisions thereof. "Government"
<br />shall also include any planning commission, board of standards and appeals, department of
<br />buildings, city council, zoning board of appeals, design review board or committee or similar body
<br />having or claiming jurisdiction over the Property or any activities on or at the Property.
<br />1.1.27 Hazardous Substance. Any flammable substances, explosives, radioactive
<br />materials, asbestos, asbestos -containing materials, polychlorinated biphenyls, chemicals known to
<br />cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, medical wastes,
<br />toxic substances or related materials, explosives, petroleum, petroleum products, and any
<br />"hazardous" or "toxic" material, substance or waste that is defined by those or similar terms or is
<br />regulated as such under any Law, including any material, substance or waste that is: (a) defined
<br />as a "hazardous substance" under Section 311 of the Water Pollution Control Act (33 U.S.C. §
<br />1317), as amended; (b) substances designated as "hazardous substances" pursuant to 33 U.S.C. §
<br />1321; (c) defined as a "hazardous waste" under Section 1004 of the Resource Conservation and
<br />Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (d) defined as a "hazardous
<br />substance" or "hazardous waste" under Section 101 of the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980, as amended by the Superfund Reauthorization
<br />Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called "superfund" or "superlien" law; (e) defined
<br />as a "pollutant" or "contaminant" under 42 U.S.C. § 9601(33); (f) defined as "hazardous waste"
<br />under 40 C.F.R. Part 260; (g) defined as a "hazardous chemical" under 29 C.F.R. Part 1910; (h)
<br />any matter within the definition of "hazardous substance" set forth in 15 U.S.C. § 1262; (i) any
<br />matter, waste or substance regulated under the Toxic Substances Control Act ("TSCA") [15 U.S.C.
<br />Sections 2601, et seq.]; 0) any matter, waste or substance regulated under the Hazardous Materials
<br />Transportation Act, 49 U.S.C. Sections 1801, et seq.; (k) those substances listed in the United
<br />States Department of Transportation (DOT) Table [49 C.F.R. 172.101]; (1) any matter, waste or
<br />substances designated by the EPA, or any successor City, as a hazardous substance [40 C.F.R. Part
<br />302]; (m) any matter, waste or substances defined as "hazardous waste" in Section 25117 of the
<br />California Health and Safety Code; (n) any substance defined as a "hazardous substance" in
<br />Section 25316 of the California Health and Safety Code; (o) any matter, waste, or substance that
<br />is subject to any other Law regulating, relating to or imposing obligations, liability or standards of
<br />conduct concerning protection of human health, plant life, animal life, natural resources, property
<br />or the enjoyment of life or property free from the presence in the environment of any solid, liquid,
<br />gas, odor or any form of energy from whatever source; or (p) other substances, materials, and
<br />wastes that are, or become, regulated or classified as hazardous or toxic under Law or in the
<br />regulations adopted pursuant to said Law, including manure, asbestos, polychlorinated biphenyl,
<br />flammable explosives and radioactive material. Hazardous Substances do not include substances
<br />of a type and quantity typically used in the construction and operation of developments similar to
<br />the Development and used in compliance with Environmental Laws
<br />1.1.28 Hazardous Substance Discharge. Any deposit, discharge, generation,
<br />release, or spill of a Hazardous Substance that occurs at, on, under, into or from the Property, or
<br />during the transportation of any Hazardous Substance to or from the Property, or that arises at any
<br />REV: 05-20-25 LF
<br />ATTY/AGR.2025.100.3/HEART-SV (417 Stambaugh - Regulatory Agreement) (Page 6 of 35)
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