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<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B
<br />REV: 05-04-26 LF
<br />Page 55 of 86
<br />to 33 U.S.C. § 1321; (c) defined as a “hazardous waste” under Section 1004 of the Resource
<br />Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (d) defined as a
<br />“hazardous substance” or “hazardous waste” under Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund
<br />Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called “superfund” or “superlien”
<br />law; (e) defined as a “pollutant” or “contaminant” under 42 U.S.C. § 9601(33); (f) defined as
<br />“hazardous waste” under 40 C.F.R. Part 260; (g) defined as a “hazardous chemical” under 29
<br />C.F.R. Part 1910; (h) any matter within the definition of “hazardous substance” set forth in 15
<br />U.S.C. § 1262; (i) any matter, waste or substance regulated under the Toxic Substances Control
<br />Act (“TSCA”) [15 U.S.C. Sections 2601, et seq.]; (j) any matter, waste or substance regulated
<br />under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (k) those
<br />substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R.
<br />172.101]; (l) any matter, waste or substances designated by the EPA, or any successor City, as a
<br />hazardous substance [40 C.F.R. Part 302]; (m) any matter, waste or substances defined as
<br />“hazardous waste” in Section 25117 of the California Health and Safety Code; (n) any substance
<br />defined as a “hazardous substance” in Section 25316 of the California Health and Safety Code; (o)
<br />any matter, waste, or substance that is subject to any other Law regulating, relating to or imposing
<br />obligations, liability or standards of conduct concerning protection of human health, plant life,
<br />animal life, natural resources, property or the enjoyment of life or property free from the presence
<br />in the environment of any solid, liquid, gas, odor or any form of energy from whatever source; or
<br />(p) other substances, materials, and wastes that are, or become, regulated or classified as hazardous
<br />or toxic under Law or in the regulations adopted pursuant to said Law, including manure, asbestos,
<br />polychlorinated biphenyl, flammable explosives and radioactive material. Hazardous Substances
<br />do not include substances of a type and quantity typically used in the construction and operation
<br />of developments similar to 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 />time from the Construction, installation use or operation of the Development or any activities
<br />conducted at, on, under or from the Property, whether or not caused by a Party.
<br />1.1.29 HUD. The United States Department of Housing and Urban
<br />Development.
<br />1.1.30 Income Certification Form. A certification in substantially the form
<br />of Exhibit “B” attached to this Regulatory Agreement or in such other form subsequently
<br />reasonably required by City.
<br />1.1.31 Indemnify. Where this Regulatory Agreement states that any
<br />Indemnitor shall “indemnify” any Indemnitee from, against, or for a particular Claim, that the
<br />Indemnitor shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and
<br />against such Claim (alleged or otherwise). “Indemnified” shall have the correlative meaning.
<br />1.1.32 Indemnified Party. Any Person entitled to be Indemnified under the
<br />terms of this Regulatory Agreement.
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