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<br />the Facility when DOl is acting within the scope and course of this <br />Agreement, and warrants to DOl that Santa Ana shall be the "generator" <br />(as that word is defined in RCRA) of any and all "hazardous waste" that <br />may be transferred from the Facility to any "treatment, storage or disposal <br />facility (TSDF)" (as those terms are defined in RCRA). Finally, Santa <br />Ana warrants to DOl that it hereby fully releases and discharges DOl from <br />any and all liability relating to any future claims that the Facility must <br />undergo remediation activities pursuant to the Environmental Laws. <br /> <br />12. Either party may terminate this Agreement at anytime, without cause upon <br />30 days prior written notice. <br /> <br />13. The persons executing this Agreement on behalf of the DOl and Santa Ana <br />warrant that (i) they are duly authorized to execute and deliver this <br />Agreement, (ii) formally bound to the provisions of this Agreement, and <br />(iii) the entering into this Agreement does not violate any provisions of <br />any other agreement to which the party is bound. <br /> <br />IN WITNESS WHEREOF, the parties have executed and entered into this <br />Agreement by their authorized representatives. <br /> <br />Date: <br /> <br />CITY OF SANTA ANA <br />" <br />tWJ:2~ <br /> <br /> <br />ATTEST: . <br />// ) "~Y <br />ATR~i;i~~trd' c_~ \; <br /> <br />City Clerk <br /> <br />DAVID N. REAM <br />City Manager <br />