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2.1.45 "FIRPTA Affidavit' means an affidavit complying with Section 1445 of the
<br />United States Internal Revenue Code.
<br />2.1.46 "Form 593" means a California Franchise Tax Board Form 593-C.
<br />2.1.47 "Good Industry Practice" means standards, practices, methods and
<br />procedures conforming to the Law and the degree of skill and care, diligence, prudence and
<br />foresight which would reasonably and ordinarily be expected from a skilled and experienced
<br />person or body engaged in the operation of a similar type hotel under the under the same or similar
<br />circumstances.
<br />2.1.48 "Hazardous Substance" means flammable substances, explosives,
<br />radioactive materials, asbestos, asbestos -containing materials, polychlorinated biphenyls,
<br />chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous
<br />wastes, medical wastes, toxic substances or related materials, explosives, petroleum, petroleum
<br />products, and any "hazardous" or "toxic" material, substance or waste that is defined by those or
<br />similar terms or is regulated as such under any Law, including any material, substance or waste
<br />that is: (i) defined as a "hazardous substance" under Section 311 of the Water Pollution Control
<br />Act (33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous substances"
<br />pursuant to 33 U.S.C. § 1321; (iii) defined as a "hazardous waste" under Section 1004 of the
<br />Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (iv)
<br />defined as a "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; (v) defined as a "pollutant' or "contaminant' under 42 U.S.C.A. § 9601(33); (vi) defined as
<br />"hazardous waste" under 40 C.F.R. Part 260; (vii) defined as a "hazardous chemical' under 29
<br />C.F.R. Part 1910; any matter within the definition of "hazardous substance" set forth in 15 U.S.C.
<br />§ 1262; (viii) any matter, waste or substance regulated under the Toxic Substances Control Act
<br />("TSCA") [15 U.S.C. Sections 2601, et seq.]; (ix) any matter, waste or substance regulated under
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (x) those substances
<br />listed in the United States Department of Transportation (DOT)Table [49 CFR 172.101 ]; (xi) any
<br />matter, waste or substances designated by the EPA, or any successor authority, as a hazardous
<br />substance [40 CFR Part 3021; (xii) any matter, waste or substances defined as "hazardous waste"
<br />in Section 25117 of the California Health and Safety Code; (xiii) any substance defined as a
<br />"hazardous substance" in Section 25316 of the California Health and Safety Code; (xiv) any
<br />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 />(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, flammable explosives and radioactive material.
<br />2.1.49 "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
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