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relating to any past or present Release or threatened Release or any past or present violation of
<br />any Environmental Laws at the Erickson Property has been made or commenced, or is pending,
<br />or is being threatened or contemplated by any person; (d) no notice of any order, directive,
<br />complaint or other communication, written or oral, has been made or issued by any governmental
<br />or quasi - governmental agency nor has Vinci received a written notice from any other third party
<br />alleging the occurrence of any activity on the Erickson Property in violation of any applicable
<br />Environmental Laws or demanding payment or contribution for environmental damage or injury
<br />to the Erickson Property. As used in this Agreement, the following definitions shall apply:
<br />"Environmental Laws" shall mean all federal, state and local laws, ordinances, rules and
<br />regulations now or hereafter in force, as amended from time to time, in any way relating to or
<br />regulating human health or safety, or industrial hygiene or environmental conditions, or
<br />protection of the environment, or pollution or contamination of the air, soil, surface water or
<br />groundwater, and includes, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980,42 U.S.C. § 9601, et seq. ( "CERCLA "), the Resource
<br />Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Clean Water Act, 33 U.S.C. §
<br />1251, et seq., the Hazardous Substance Account Act, California Health and Safety Code §
<br />25300, et seq., the Hazardous Waste Control Law, California Health and Safety Code § 25100, et
<br />seq., the Medical Waste Management Act, California Health and Safety Code § 25015, et seq.,
<br />and the Porter - Cologne Water Quality Control Act, California Water Code § 13000, et seq.
<br />"Hazardous Substance(s)" shall mean any substance or material that is described as a toxic or
<br />hazardous substance, waste or material or a pollutant or contaminant or infectious waste, or
<br />words of similar import, in any of the Environmental Laws, and includes asbestos, petroleum or
<br />petroleum products (including crude oil or any fraction thereof, natural gas, natural gas liquids,
<br />liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), polychlorinated
<br />biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals
<br />which may cause cancer or reproductive toxicity. "Release" shall mean any spilling, leaking,
<br />pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or
<br />disposing into the enviromnent, including continuing migration, of Hazardous Substances into or
<br />through soil, air, surface water or groundwater.
<br />(v) Liti ation. To the best of Vinci's knowledge, there are no pending or
<br />contemplated actions, suits, arbitrations, claims or proceedings, at law or in equity, affecting all
<br />or any portion of the Vinci Property or the Leasehold Estate or in which Vinci is or will be a
<br />party by reason of Vinci's ownership of the Vinci Property or as the tenant of the Leased
<br />Premises, including, without limitation, judicial, municipal or administrative proceedings in
<br />eminent domain, unlawful detainer, breach of lease, breach of contract, collections, alleged
<br />building code, health and safety or zoning violations, employment discrimination or unfair labor
<br />practices, or worker's compensation, personal injuries or property damages alleged to have
<br />occurred on the Leased Premises or by reason of the condition or use of the Leased Premises,
<br />and, to the best of Vinci's knowledge, no events have occurred which might give rise to such
<br />actions, claims or proceedings, except for any non - compliance, if any, by Vinci with City
<br />Ordinance No. NS -2650 (the "Vinci Violations ").
<br />(vi) Compliance with Laws. To the best of Vinci's knowledge, except for the
<br />Vinci Violations, the Leased Premises are being operated in full compliance with all
<br />Govermnental Requirements (as hereinafter defined). No notices of violation of or exemptions
<br />from any Governmental Requirements relating to the Leased Premises or Vinci have been issued
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<br />600090435x6
<br />8-11-9
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