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appeal. As used herein, the term "prevailing party" means the party who, in light of the claims,
<br />causes of action, and defenses asserted, is afforded greater relief.
<br />ARTICLE XXXVI
<br />Intentionally Omitted
<br />ARTICLE XXXVII
<br />Section 37.01
<br />(a) For the purpose of this Lease, the following definitions pertaining to
<br />environmental matters shall apply:
<br />" Environmental Conditions" means the conditions of " Environmental Media" (as defined
<br />below), and the conditions of any part of the Demised Premises, including but not limited to
<br />building materials and gasoline equipment, which affect or may affect Environmental Media.
<br />"Environmental Laws" shall mean any federal, state or local law, statute, ordinance or regulation
<br />pertaining to public health, occupational health and safety, natural resources or environmental
<br />protection, including, without limitation: (1) the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, 42 U.S. C. § 9601 et seq. as amended ("CERCLA"),
<br />the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq. as amended (" RCRA"), the Federal
<br />Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977, as amended,
<br />33 U.S.C. 1251 et seq.; the Toxic Substances Control Act of 1976, as amended, 15 U.S.C. 2601
<br />et seq.; the Emergency Planning and Community Right -to -Know Act of 1986, 42 U.S.C. 1100 1
<br />et seq.; the Clean Air Act of 1966, as amended by the Clean Air Act Amendments of 1990, 42
<br />USC 7401 et seq.; the National Environmental Policy Act of 1970, as amended, 42 USC 4321 et
<br />seq.; the Rivers and Harbors Act of 1899, as amended, 33 USC 401 et seq.; the Mine Safety and
<br />Health Act of 1977, as amended, 30 U.S.C. Section 801 et seq. the Endangered Species Act of
<br />1973, as amended, 16 U.S.C. 1531, et seq.; the Occupational Safety and Health Act of 1970, as
<br />amended 29 U.S.C. 65 1, et seq.; the Safe Drinking Water Act of 1974, as amended, 42 U.S.C.
<br />300(f) et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq. as
<br />amended, and all regulations, governmental policies, and administrative or judicial orders
<br />promulgated under said laws; 2) all sections of the following California Codes pertaining to
<br />public health and safety, occupational health and safety, natural resources or environmental
<br />protection: Health and Safety Code, Water Code, Public Resources Code, Fish and Game Code,
<br />Labor Code, Penal Code, and Vehicle Code, and all regulations, governmental policies, and
<br />administrative or judicial orders promulgated under said laws; 3) all federal and state common
<br />law, including but not limited to the common law of public or private nuisance, trespass,
<br />negligence or strict liability, where such common law pertains to public health and safety,
<br />occupational health and safety, natural resources, environmental protection, or the use and
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