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determining the City's right to proceed as an unsecured creditor under California Code of Civil
<br />Procedure Section 726.5(a), the Developer shall be deemed to have willfully permitted or
<br />acquiesced in a release or threatened release of hazardous materials, within the meaning of
<br />California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of
<br />hazardous materials was knowingly or negligently caused or contributed to by any lessee,
<br />occupant, or user of any portion of the Property and the Developer knew or should have known
<br />of the activity by such lessee, occupant, or user which caused or contributed to the release or
<br />threatened release. All costs and expenses, including (but not limited to) reasonable attorneys'
<br />fees, incurred by the City in connection with any action commenced under this paragraph,
<br />including any action required by California Code of Civil Procedure Section 726.5(b) to
<br />determine the degree to which the Property is environmentally impaired, plus interest thereon at
<br />the default rate specified in the Construction/Permanent Note, until paid, shall be added to the
<br />indebtedness secured by the Deed of Trust and shall be due and payable to the City upon its
<br />demand made at any time following the conclusion of such action.
<br />6.10 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 />6.11 Definitions.
<br />6.1 1.1 "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 />6.11.2 "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
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