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monitor, study, test, treat, remove, remediate, or otherwise cleanup, any <br />Hazardous Contaminant (as defined herein); or <br />2. relates to material Collected, transported, recycled, processed, treated or <br />disposed of by Contractor. <br />B. Contractor's obligations pursuant to this section shall apply, without <br />limitation, to: <br />1. any Claims brought pursuant to or based on the provisions of any <br />Environmental Law; <br />2. any Claims based on or arising out of or alleged to be arising out of the <br />ownership, use, lease, sale, design, construction, maintenance or operation of <br />Contractor of any Facility; <br />3. any Claims based on or arising out of or alleged to be arising out of the <br />marketing, sale, distribution, storage, transportation, Disposal, processing or use <br />of any materials recovered by Contractor; <br />4. any Claims based on or arising out of or alleged to be arising out of any <br />breach of any express or implied warranty, representation or covenant arising <br />out of or in connection with this Agreement. <br />C. The foregoing indemnity and defense obligations shall apply irrespective <br />of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. <br />D. For purposes of this section, the term "Hazardous Contaminant" shall <br />mean any Hazardous Material any crude oil or refined or unrefined petroleum product <br />or any fraction or derivative thereof; and any asbestos or asbestos -containing material. <br />The term "Hazardous Contaminant" shall also include any and all amendments to any <br />referenced statutory or regulatory provisions made before or after the date of execution <br />of this Agreement. <br />THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, <br />SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL <br />SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS <br />AGREEMENT. <br />March 9, 2020 111 City of Santa Ana - DRAFT <br />60A-200 <br />