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7 6 1 "Hazardous Material" means any chemical, compound, matenal, <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, polychlonnated 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 Matenal, 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 USC. § 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 Matenals 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.). <br /> ARTICLE VIII <br /> LIMITATIONS ON CHANGE IN OWNERSHIP, MANAGEMENT <br /> AND CONTROL OF DEVELOPER <br /> 8 1 Identity of Developer; Changes Only Pursuant to this Agreement Developer and <br /> its principals have represented that they possess the necessary expertise, skill and ability to carry <br /> out the development of the Project pursuant to this Agreement The qualifications, experience, <br /> financial capacity and expertise of Developer and its principals are of particular concern to the <br /> City It is because of these qualifications, experience, financial capacity and expertise that the <br /> City has entered into this Agreement with Developer No voluntary or involuntary successor, <br /> OAK#4822-6539-6013 v5 25 <br />