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Liability Act of 1980, as amended, the Resources Conservation and Recovery Act of
<br /> 1976. as amended, and any other federal, state and local legal requirements, as such
<br /> legal requirements exist on the Closing Date (except as such legal requirements may be
<br /> amended after the Closing Date to modify existing remediation standards), relating to:
<br /> (i) a Release or the containment, removal, remediation, response, cleanup or abatement
<br /> of a Hazardous Substance: (ii) the manufacture, generation, formulation, processing,
<br /> labeling, distribution. introduction into commerce, use, treatment, handling, storage, or
<br /> transportation of a Hazardous Substance; (iii) exposure of persons, including employees,
<br /> to a Hazardous Substance; (iv) occupational safety or health matters; and (v) the
<br /> physical structure or condition of a building, facility, fixture or other structure, including,
<br /> without limitation, those relating to the management, use, storage, disposal, cleanup or
<br /> removal of asbestos, asbestos-containing materials, polychlorinated biphenyls or any
<br /> other Hazardous Substance.
<br /> (q) "Hazardous Substance" shall mean any toxic substance or waste, pollutant,
<br /> hazardous substance or waste, contaminant, special waste, industrial substance or waste,
<br /> petroleum or petroleum-derived substance or waste, or any toxic or hazardous
<br /> constituent of any such substance or waste, including, without limitation, any substance
<br /> regulated under or defined by Environmental Laws.
<br /> (r) "Improvements" shall mean the permanent structures and other
<br /> improvements on the Real Property acquired by Purchaser pursuant to the Sale and
<br /> Purchase Agreement.
<br /> (s) "Indemnified Party" and "Indemnifying Party" shall have the respective
<br /> meanings specified in Section 8(c).
<br /> (t) "Independent Consultant" shall have the meaning specified in Section
<br /> 10(b).
<br /> (u) "Permit" shall mean any approval, registration, authorization, certificate,
<br /> certificate of occupancy, consent, license, order, permit, variance or other similar
<br /> authorization of any government agency required by Environmental Laws in effect on or
<br /> prior to the Closing for the current ownership, use or operation of the 76 Assets.
<br /> (v) "Purchaser" shall mean Tosco Corporation and its successors in interest.
<br /> (w) "Real Property" shall mean the real property acquired by Purchaser
<br /> pursuant to the Sale and Purchase Agreement.
<br /> (x) "Release" shall mean any spilling, leaking, pumping, pouring, emitting,
<br /> emptying, discharging, escaping, leaching, dumping or disposing of a Hazardous
<br /> Substance into the environment of any kind whatsoever, including, but not limited to, the
<br /> abandonment or discarding of barrels, containers, tanks or other receptacles containing
<br /> or previously containing a Hazardous Substance. Migration of any pre-Closing Release
<br /> shall not be considered a new Release for purposes of this Environmental Agreement.
<br /> 3.
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