|
municipality in which the Property is or may be located, the United States
<br /> Environmental Protection Agency, the United States Department of Labor, the
<br /> United States Department of Transportation, any successors to the foregoing or
<br /> administrative bodies thereunder, and any other federal, state, regional or local
<br /> governmental agency, including the Central Valley Regional Water Quality
<br /> Control Board, now or hereafter regulating Hazardous Materials (and/or the
<br /> remediation of Hazardous Materials), industrial hygiene, health or environmental
<br /> protection.
<br /> d. "Hazardous Materials" means petroleum and petroleum products and compounds
<br /> containing them, including, without limitation, crude oil, gasoline (including all
<br /> gasoline additives such as MTBE and tetra ethyl lead), diesel fuel, jet fuel, any
<br /> fuel oil products and oil; toxic, corrosive, infectious, carcinogenic, mutagenic,
<br /> explosive and flammable materials; radioactive materials; volatile and semi-
<br /> volatile organic compounds, chlorinated hydrocarbons, polychlorinated biphenyls
<br /> and compounds containing them; lead and lead-based paint, asbestos or asbestos-
<br /> containing material in any form that is or could become friable; urea
<br /> formaldehyde foam insulation; radon gas; underground or above ground storage
<br /> tanks, whether empty or containing any substance; and any and all substances
<br /> (whether solid, liquid or gas) now or in the future which are regulated by
<br /> Environmental Laws. In addition, "Hazardous Materials" includes all "Hazardous
<br /> Substances" as defined in 42 U.S.C. § 9601(14) and "non-RCRA hazardous
<br /> waste"as defined in 22 C.C.R. § 66261.101.
<br /> e. "Remediation means any activity, response, remediation, removal, or corrective
<br /> action to clean up, detoxify, decontaminate, close, contain or otherwise remediate
<br /> any Hazardous Materials; any actions to prevent, cure or mitigate any Release or
<br /> threat of release; any action to comply with any Environmental Law or directive
<br /> or requirement of any Government Authority; and any inspection, investigation,
<br /> study, monitoring, assessment, audit, sampling and testing, laboratory or other
<br /> analysis, or evaluation relating to any Hazardous Materials, including, without
<br /> limitation, post-remedial or post-closure studies, investigations, operations and
<br /> maintenance and monitoring.
<br /> 2. site Access.
<br /> a. Right of Entry. Machado and Global hereby grant Shell the right to enter upon
<br /> the Property in the vicinity of the Pipeline for the purpose of.
<br /> (i) performing an environmental site assessment of surface and sub-surface
<br /> conditions (which assessment may include soil, soil vapor, and groundwater
<br /> sampling) to define the extent of Hazardous Materials present on the Property in
<br /> the vicinity of the Pipeline("Assessment Activities");
<br /> (ii)to perform remediation activities(including, without limitation,the excavation
<br /> 3
<br /> 200526-14.dac/F I NAU6.8.06
<br />
|