|
City Draft
<br /> 6128/13
<br /> (iv}defined as a "hazardous svbstance" ar "hazardous waste" under Section 101 of the
<br /> Comprehensive Envirozunental Response, Compensation and Liability Act of 19$0, as amended
<br /> by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called
<br /> "superfund" or"superlien" law; {v) defined as a "pollutant" or"contaminant" under 42 U.S.C.A.
<br /> § 9601(33); (vi) defned as "hazardous waste" under 40 C.F.R. Part 2b0; (vu) defined as a
<br /> "hazardous chemical" under 29 C.F.R. Part 1910; any matter within the definition of"hazardous
<br /> substance" set forth in 15 U.S.C. § 1262; {viii) any matter, waste or substance regulated under
<br /> the Toxic Substances ControI Act ("TSCA") [l 5 U.S.C. Sections 2601, et seq.]; (ix) any matter,
<br /> waste or substance regulated under the Hazardous Materia�s Transportation Act, 49 U.S.C.
<br /> Sections 1801, et seq.; (x}those substances listed in the United States Department of
<br /> Transportation (DOT) Table [49 CFR 172.101]; (xi) any matter, waste or substances designated
<br /> by the EPA, ar any successor authority, as a hazardous substance [40 CFR Part 302]; {xii) any
<br /> matter, waste or substances defined as "hazardous waste" in Section 25117 of the California
<br /> Health and Safety Code; (xiii) ar�y substance defined as a "hazardous s�abstance" in
<br /> Section 25316 of the California Health and Safety Code; (xiv) any matter, waste, or substance
<br /> that is subject to any other Law regulating, relating to or imposzng obligations, liability or
<br /> standards of conduct concerning protectian of human health, plant life, animal �ife, natural
<br /> resources, property or the enjoyment of life or property free from #he presence in the
<br /> environrnent of any soli�, liquid, gas, odar or any form of energy frorn whatever source; or
<br /> (xv}other substances, materials, and wastes that are, or become, regulated or classified as
<br /> hazardous or toxic under any Laws or the regulations adopted pursuant to any Laws, including
<br /> manure, asbestos,polychlorinated biphenyl, flarnrnable explosives and radioactive material.
<br /> 1.�.59 "Hazardous Substance Discharse" means any deposit, discharge,
<br /> generation, release, or spill of a Hazardous Substance that occurs at on, under, into or from the
<br /> Site, or during transportation of any Hazardous Substance to or from the Site(whether on its own
<br /> or contained in other material or property), or that arises at any tirne from the use or operation of
<br /> the Project or any activities conducted at on, under or from the Site ar any adjacent or nearby
<br /> real property, or rasulting from seepage, �eakage, or other trazismission of Hazardous Substances
<br /> from other real property to the Site, whether or not caused by a Party or whether occurring before
<br /> or after the Close of Escrow.
<br /> 1.1.60 "Indemnif ' means, where this Agreement states that any Inder�uiitor
<br /> shall "indemnify" any lrtdemnitee from, against, or for a particular matter, that the Indemnitor
<br /> shall indernnify the Indemnitee and defend and hold the Indemnitee harmless from and against
<br /> any and a11 actuaZ loss, cost, claims, Ziability, penalties, judgments, damages, and other injury,
<br /> ci.etriment, or expense (including Legal Costs, interest and penalties) that the Indemnitee suffers
<br /> or incurs: (a) from, as a result of, ar on account of the particular matter; or (b}in enfoxcing the
<br /> lndemnitor's indernnity obligation, but not including consequential da�ages or damages for lost
<br /> profits. "Indemnified" shall have the correlative meaning.
<br /> 1.1.61 "Indemnitee" means any Person entitled to be Indemnified under the
<br /> terms of this Agreement.
<br /> 1.1.G2 "�ndemnitor"means a Party that agrees to lndemnify any other Person.
<br /> 82483.0000917571312.16 $
<br />
|