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federal, state or local governmental agency, court,board, bureau or other authority having
<br /> jurisdiction with respect to or relating to the environment,to any Hazardous Material or
<br /> to any activity involving Hazardous Materials,and shall include,without limitation,the
<br /> Comprehensive Environmental Response,Compensation,and Liability Act(42 U.S.C. §§
<br /> 9601 et seq.),the Federal Resource Conservation and Recovery Act(42 U.S.C. §§ 6901
<br /> et seq.), all federal, state and local laws, statutes,rules and regulations relating to owners
<br /> and operators of underground storage tank systems, including,without limitation, Subtitle
<br /> I of the Resource,Conservation and Recovery Act(42 U.S.C. § 6991 et seq.), part 280 of
<br /> Title 40 of the Code of Federal Regulations,Chapter 459,and §§ 2580 et seq. of the
<br /> California Health and Safety Code,and all amendments to the foregoing in effect as of
<br /> the Closing Date.
<br /> (b) "Hazardous Materials"shall mean and include any chemical,compound,
<br /> material, fixture,waste or substance that is now or hereafter defined or listed in,or
<br /> otherwise classified pursuant to, any Environmental Laws as a"hazardous substance,"
<br /> "hazardous material,""hazardous waste,""extremely hazardous waste,""infectious
<br /> waste,""toxic substance,""toxic pollutant"or any other formulation intended to define,
<br /> list, or classify substances by reason of deleterious properties such as ignitability,
<br /> corrosivity,reactivity,carcinogenicity, or toxicity, including without limitation, asbestos,
<br /> polychlorinated biphenyls, urea formaldehyde foam insulation, radon gas, and any
<br /> petroleum,gasoline, motor oil, diesel fuel,other petroleum by-products, natural gas,
<br /> natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixture of
<br /> natural gas and such synthetic gas). "Hazardous Materials"shall include, without
<br /> limitation, any hazardous or toxic substance, material or waste or any chemical,
<br /> compound or mixture which is (A)designated as a"hazardous substance"pursuant to
<br /> Section 1317 of the Federal Water Pollution Control Act(33 U.S.C. §§ 1251 et seq.);(B)
<br /> defined as a"hazardous waste"pursuant to § 6903 of the Federal Resource Conversation
<br /> and Recovery Act, (42 U.S.C. §§ 6901 et seq.);(C)defined as"hazardous substances"
<br /> pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation
<br /> and Liability Act(42 U.S.C. §§ 9601 et seq.);(D) listed in the United States Department
<br /> of Transportation Table(49 C.F.R. § 172.101)or by the Environmental Protection
<br /> Agency as hazardous substances(40 C.F.R. part 302);or(E)otherwise regulated under
<br /> any applicable local, state or federal Environmental Laws,or in any and all amendments
<br /> to any of the forgoing in effect as of the Closing Date.
<br /> 4. Buyer's Obligations.
<br /> (a) Buyer agrees to cooperate fully with Seller in seeking approval by any
<br /> Agency of any investigation, monitoring and/or remediation methods or standards
<br /> proposed by Seller and in obtaining a closure or no further action letter. Buyer also
<br /> agrees to cooperate fully in connection with the modification of any existing permits or
<br /> other regulatory approvals or in connection with Seller's efforts to obtain new or
<br /> additional permits or other regulatory approvals. If any Agency requires, as a condition
<br /> to approval of cleanup methods or standards proposed by Seller,that a notice of
<br /> restriction be placed in the public land records with respect to the Property, Seller shall be
<br /> pennitted to execute and record such notice, and, if requested by any Agency or Seller,
<br /> Buyer shall execute any required documents with respect to such notice of restriction.
<br /> STLDO l-1202772-1
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