|
<br />.
<br />
<br />.
<br />
<br />Safety Code sections 25100, et seq.; Carpenter-Presley-Tanner Hazardous Substance Account
<br />Act Substance Account Act, California Health and Safety Code sections 25300, et seq.;
<br />Hazardous Substance Cleanup Bond Act of 1984, California Health and Safety Code sections
<br />25385, et seq., and related statutes including sections 25356.1-25356.4 of the California Health
<br />and Safety Code; Porter-Cologne Water Quality Control Act, California Water Code sections
<br />13000, et seq.; Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and
<br />Safety Code sections 25249.5, et seq.; California Health and Safety Code sections 25220, et
<br />seq., 25280, et seq., 25359.7; Code of Civil Procedure section 3483; and any similar federal,
<br />state, and/or local laws and ordinances and the regulations now or hereafter adopted,
<br />published, and/or promulgated pursuant thereto.
<br />
<br />11,1.2. "Hazardous Substances" includes, but is not limited to, any and all
<br />substances (whether solid, liquid, or gas) defined, listed, or otherwise classified as pollutants,
<br />hazardous wastes, hazardous substances, hazardous materials, extremely hazardous wastes,
<br />or words of similar meaning or regulatory effect under any present or future Environmental Laws
<br />or that may have a negative impact on human health or the environment, including but not
<br />limited to petroleum and petroleum products, asbestos, and asbestos-containing materials
<br />("ACM"), polychlorinated biphenyls ("PCBs"), lead, lead-based paints, radon, radioactive
<br />materials, flammables, and explosives.
<br />
<br />11,1,3, "Indemnified Parties" includes the State of California, and each of its
<br />political subdivisions (other than the Seller or any of the other Seller Parties), and its branches,
<br />divisions, entities, agencies, departments, members, managers, employees, agents, affiliates,
<br />partners, attorneys, successors, and assigns.
<br />
<br />11.1.4, "Losses" includes, but shall not be limited to, any and all claims, suits,
<br />liabilities (including but not limited to strict liabilities), administrative or judicial actions or
<br />proceedings, obligations, debts, damages, losses, costs, expenses, diminutions in value, fines,
<br />penalties, charges, fees, expenses, costs of assessing damages or losses, judgments, awards,
<br />amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation
<br />costs, attorneys' fees, engineers' fees, environmental consultants' fees, Remediation and
<br />investigation costs (including but not limited to costs for sampling, testing, and analysis of soil,
<br />water, air, building materials, and other materials and substances whether solid, liquid, or gas),
<br />of whatever kind or nature, and whether or not incurred in connection with any judicial or
<br />administrative proceedings.
<br />
<br />11.1.5. "Release" includes, but is not limited to, any release, deposit, discharge,
<br />emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying,
<br />escaping, dumping, disposing, presence, or other movement of Hazardous Substances.
<br />
<br />11.1.6. "Remediation" includes, but is not limited, to any response, remedial,
<br />removal, or corrective action mandated by any Environmental Laws; any activity to cleanup,
<br />detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance mandated
<br />by any Environmental Laws; any actions to prevent, cure or mitigate any Release of any
<br />Hazardous Substance mandated by any Environmental Laws; any action to comply with any
<br />Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation,
<br />study, monitoring, assessment, audit, sampling, and testing, laboratory or other analysis, or
<br />evaluation relating to any Hazardous Substances mandated by any Environmental Laws.
<br />
<br />11.1.7. "Storage Tanks" includes any underground or aboveground storage
<br />tanks, whether filled, empty, or partially filled with any substance.
<br />
<br />Page 14
<br />
<br />557986.11
<br />
<br />(Rev. 07/21/05)
<br />
|