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determine the degree to which the Property is environmentally impaired, plus interest thereon at
<br /> the default rate specified in the Note, until paid, shall be added to the indebtedness secured by
<br /> the Deed of Trust and shall be due and payable to the City upon its demand made at any time
<br /> following the conclusion of such action.
<br /> 7.5 No Limitation. Developer hereby acknowledges and agrees that Developer's
<br /> duties,obligations and liabilities under this Agreement are in no way limited or otherwise
<br /> affected by any information the City may have concerning the Property and/or the presence in,
<br /> on, under or about the Property of any Hazardous Material, whether the City obtained such
<br /> information from the Developer or from its own investigations.
<br /> 7.6 Definitions.
<br /> 7.6.1 "Hazardous Material"means any chemical, compound, material,
<br /> mixture, or substance that is now or may in the future be defined or listed in, or otherwise
<br /> classified pursuant to any Environmental Laws (defined below)as a"hazardous substance",
<br /> "hazardous material", "hazardous waste", "extremely hazardous waste", infectious waste",toxic
<br /> substance", toxic pollutant", or any other formulation intended to define, list or classify
<br /> substances by reason of deleterious properties such as ignitability, corrosivity, reactivity,
<br /> carcinogenicity, or toxicity. The term"hazardous material"shall also include asbestos or
<br /> asbestos-containing materials, radon, chrome and/or chromium, polychlorinated biphenyls,
<br /> petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits,
<br /> natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate,
<br /> and methy tert butyl ether,whether or not defined as a hazardous waste or hazardous substance
<br /> in the Environmental Laws.
<br /> 7.6.2 "Environmental Laws" means any and all federal, state and local statutes,
<br /> ordinances, orders, rules, regulations, guidance documents,judgments, governmental
<br /> authorizations or directives, or any other requirements of governmental authorities, as may
<br /> presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the
<br /> presence, release, generation, use, handling,treatment, storage,transportation or disposal of
<br /> Hazardous Material, or the protection of the environment or human, plant or animal health,
<br /> including,without limitation,the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of
<br /> 1986 (42 U.S.C. § 9601),the Hazardous Materials Transportation Act(49 U.S.C. § 1801 et
<br /> seq.), the Resource Conservation and Recovery Act(42 U.S.C. § 6901 et seq.),the Federal
<br /> Water Pollution Control Act(33 U.S.C. § 1251 et seq.),the Clean Air Act(42 U.S.C. § 7401 et
<br /> seq.), the Toxic Substances Control Act(15 U.S.C. § 2601 et seq.), the Oil Pollution Act(33
<br /> U.S.C. § 2701 et seq.),the Emergency Planning and Community Right-to-Know Act(42 U.S.C.
<br /> § 11001 et seq.),the Porter-Cologne Water Quality Control Act(Cal. Water Code § 13000 et
<br /> seq.), the Toxic Mold Protection Act(Cal. Health & Safety Code § 26100, et seq.), the Safe
<br /> Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et
<br /> seq.), the Hazardous Waste Control Act(Cal. Health& Safety Code § 25100 et seq.),the
<br /> Hazardous Materials Release Response Plans & Inventory Act(Cal. Health& Safety Code
<br /> § 25500 et seq.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act(Cal.
<br /> Health and Safety Code, Section 25300 et seq.).
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