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District Agreement No. 04-2655 4. If a PARTY discovers hazardous material (HM),that PARTY shall immediately notify the other PARTY(IES)to this AGREEMENT. HM-1 is defined as hazardous material (including but not limited to hazardous waste)that may require removal and disposal pursuant to federal or state law, whether it is disturbed by TRASH CAPTURE PROJECT or not. HM-2 is defined as hazardous material (including but not limited to hazardous waste)that may require removal and disposal pursuant to federal or state law, only if disturbed by TRASH CAPTURE PROJECT. Management activities associated with either HM-1 or HM-2 include,without limitation, any necessary manifest requirements and designation of disposal facility. 5. CALTRANS, independent of TRASH CAPTURE PROJECT, is responsible for any HM- 1 found within existing the State Highway System(SHS)right of way. CALTRANS shall undertake, or cause to be undertaken, HM-1 management activities with minimum impact to PROJECT schedule and shall pay, or cause to be paid, all costs associated with HM-1 management activities. 6. CALTRANS has no responsibility for management activities or costs associated with HM-1 found outside the existing SHS right of way. If HM-1 is found outside the existing SHS right of way, under state and federal law responsibility for such HM-1 rests with the owner(s)of the parcel(s) on which the HM-1 is found. If HM-1 is found outside the existing SHS right of way, PARTIES shall reassess the feasibility of the TRASH CAPTURE PROJECT and mutually agree on a course of action prior to the commencement of any additional work. 7. CITY is responsible for the management of any HM-2 found within TRASH CAPTURE PROJECT limits. CITY may use up to 5%of the funds already obligated by CALTRANS under this AGREEMENT for the costs associated with HM-2 management activities. However, CALTRANS is not responsible to pay any additional money to CITY for these costs. 8. CALTRANS' acquisition of or acceptance of title to any property on which any hazardous material is found shall proceed in accordance with CALTRANS' policy on such acquisition. 9. In the event that TRASH CAPTURE PROJECT facilities are affected by a future CALTRANS or CITY project,the agency responsible for said project shall replace the affected portion of TRASH CAPTURE PROJECT facilities at no cost to the other PARTY. Any and all required maintenance of replacement facilities shall be completed by CITY with the funding described in Section I, Article 5 of this AGREEMENT. Any additional costs the CITY incurs for maintenance due to portions of the TRASH CAPTURE PROJECT facilities affected by a future CALTRANS project shall be TRASH CAPTURE PROJECT costs. 10.Nothing within the provision of this AGREEMENT is intended to create duties of obligations to or rights in third parties not a PARTY to this AGREEMENT or to affect the legal liability of either PARTY to this AGREEMENT by imposing any standard of Page 5 of 13