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"hazardous substance" set forth in 15 U.S.C. § 1262; (viii) any matter, waste or substance
<br />regulated under the Toxic Substances Control Act ("TSCA") [15 U.S.C. Sections 2601, et seq.];
<br />(ix) any matter, waste or substance regulated under the Hazardous Materials Transportation
<br />Act, 49 U.S.C. Sections 1801, et seq.; (x) those substances listed in the United States
<br />Department of Transportation (DOT)Table [49 CFR 172.101]; (xi) any matter, waste or
<br />substances designated by the EPA, or any successor authority, as a hazardous substance [40
<br />CFR Part 302]; (xii) any matter, waste or substances defined as "hazardous waste" in Section
<br />25117 of the California Health and Safety Code; (xiii) any substance defined as a "hazardous
<br />substance" in Section 25316 of the California Health and Safety Code; (xiv) any matter, waste,
<br />or substance that is subject to any other Law regulating, relating to or imposing obligations,
<br />liability or standards of conduct concerning protection of human health, plant life, animal life,
<br />natural resources, property or the enjoyment of life or property free from the presence in the
<br />environment of any solid, liquid, gas, odor or any form of energy from whatever source; or (xv)
<br />other substances, materials, and wastes that are, or become, regulated or classified as hazardous
<br />or toxic under any Laws or the regulations adopted pursuant to any Laws, including manure,
<br />asbestos, polychlorinated biphenyl, flammable explosives and radioactive material.
<br />2.1.32 "Hazardous Substance Discharge" means any deposit, discharge,
<br />generation, release, or spill of a Hazardous Substance that occurs at on, under, into or from the
<br />Property, or during transportation of any Hazardous Substance to or from the Property (whether
<br />on its own or contained in other material or property), or that arises at any time from the use or
<br />operation of the Project or any activities conducted at on, under or from the Property or any
<br />adjacent or nearby real property, or resulting from seepage, leakage, or other transmission of
<br />Hazardous Substances from other real property to the Property, whether or not caused by a
<br />Party or whether occurring before or after the Close of Escrow.
<br />2.1.33 "Indemnify" means, where this Agreement states that any Indemnitor
<br />shall "indemnify" any Indemnitee from, against, or for a particular matter, that the Indemnitor
<br />shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against
<br />any and all loss, cost, claims, liability, penalties, judgments, damages, and other injury,
<br />detriment, or expense (including Legal Costs, interest and penalties) that the Indemnitee suffers
<br />or incurs: (a) from, as a result of, or on account of the particular matter; or (b) in enforcing the
<br />Indemnitor's indemnity obligation. "Indemnified" shall have the correlative meaning.
<br />2.1.34 "Indemnitee" means any Person entitled to be Indemnified under the
<br />terms of this Agreement.
<br />2.1.35 "Indemnitor" means a Party that agrees to Indemnify any other Person.
<br />2.1.36 "Insurance Documents" means certified copies of insurance policies,
<br />original certificates of insurance or endorsements evidencing all insurance coverage required
<br />to be obtained by the Developer, pursuant to this Agreement.
<br />2.1.37 "Law" means all laws, ordinances, requirements, orders, proclamations,
<br />directives, rules, and regulations of any Government applicable to the Property or the Project,
<br />in any way, including any development, use, maintenance, taxation, operation, or occupancy
<br />of, or environmental conditions affecting the Property or the Project, or relating to any taxes,
<br />75A-13
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