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Property without Livermore's written approval and consent. If Hazardous Materials are
<br /> stored, generated, used or disposed of on or in the Premises by the Authority, its agents,
<br /> employees, contractors or invitees except as permitted above, or if the Premises become
<br /> contaminated in any manner for which the Authority is responsible, the Authority shall
<br /> indemnify and hold Livermore harmless from any and all claims, damages, fines,
<br /> judgments, penalties, costs (including reasonable attorney's fees), liabilities or losses
<br /> (including without limitation, a decrease in value of the Premises, Property, and adjacent
<br /> real property or damages due to adverse impact on marketing of the Premises), and any
<br /> and all sums paid for settlement of claims, attorney's fees, consultant and experts' fees
<br /> arising during or after the initial term or any extension and arising as a result of such
<br /> Hazardous Discharge or Contamination by the Authority or its employees, agents, or
<br /> designated representatives. For purposes of this License Agreement, the following terms
<br /> shall have the meanings set forth below:
<br /> 1) "Hazardous Materials" shall mean any toxic or hazardous wastes, pollutants,
<br /> materials or substances, including, without limitation, asbestos, PCB's, petroleum products,
<br /> radioactive substances or their by- products, other substances defined or listed as
<br /> "hazardous substances "hazardous materials "hazardous wastes" or "toxic substances in
<br /> or pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br /> Act of 1980, 42 U.S.C. Sections 9601, et seq., "CERCLA the Hazardous Materials
<br /> Transportation Act, 49 USC Sections 1802, et seq.; the Resource Conservation and
<br /> Recovery Act, 42 U.S.C. §6901 et seq.; the Toxic Substance Control Act of 1976, 15
<br /> U.S.C. §2601 et seq.; any "toxic pollutant" under the Clean Water Act, 33 U.S.C. §1251
<br /> et seq.; any hazardous air pollutant under the Clean Air Act, 42 U.S.C. §7901 et seq.; the
<br /> California Hazardous Substance Account Act, California Health Safety Code "CH &SC
<br /> §125300 et seq., the Hazardous Waste Control Law, CM &SC §25100 et seq.; in or
<br /> pursuant to or identified as causing cancer or reproductive toxicity in the California Safe
<br /> Drinking Water Toxic Enforcement Act of 1986, CM &SC §25249.5 et seq.; and CM &SC
<br /> 25249.8, 25117, 25316; all as such laws may be amended; any hazardous or toxic
<br /> substance, material, chemical, waste or pollutant now or hereafter regulated under any
<br /> other applicable federal, state or local environmental laws, without limitation; and any other
<br /> matter in the nature thereof arising pursuant to the jurisdiction of any public agency.
<br /> 2) "Hazardous Discharge" and "Contamination" shall mean the happening of any
<br /> event involving an emission, spill, release or discharge "Release into or upon (a) the air,
<br /> (b) soils or any improvements located thereon, (c) surface or ground water, (d) the sewer,
<br /> septic system or waste treatment, storage or disposal system servicing the Premises, of
<br /> any Hazardous Material, or (e) any other matter in the nature thereof arising pursuant to
<br /> the jurisdiction of any public agency.
<br /> 3) "Environmental Laws" shall mean all applicable federal, state and local laws,
<br /> ordinances, regulations, orders, procedures, policies and directives of every kind and
<br /> nature whatsoever pertaining to Hazardous Materials in, at, on, under or from the Premises
<br /> or any portion thereof, and any other matter in the nature thereof arising pursuant to the
<br /> jurisdiction of any public agency.
<br /> EBRCSA License Page 5
<br /> Doolan Tower
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