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stored, generated, used or disposed of on or about the Licensed Areas or the Property
<br /> by the Authority, its agents, employees, contractors or invitees except as permitted
<br /> above, or if the Licensed Areas or the Property becomes contaminated in any manner
<br /> for which the Authority is responsible, the Authority shall indemnify and hold City
<br /> harmless from any and all claims, damages, fines, judgments, penalties, costs
<br /> (including reasonable attorney's fees), liabilities or losses (including without limitation, a
<br /> decrease in value of the Property, and adjacent real property or damages due to
<br /> adverse impact on marketing of the Property), and any and all sums paid for settlement
<br /> of claims, attorney's fees, consultant and experts' fees arising during or after the initial
<br /> term or any extension and arising as a result of such Hazardous Discharge or
<br /> Contamination by the Authority or its employees, agents, or designated representatives.
<br /> For purposes of this Agreement, the following terms shall have the meanings set forth
<br /> below:
<br /> 1) "Hazardous Materials" shall mean any toxic or hazardous wastes, pollutants,
<br /> materials or substances, including, without limitation, asbestos, PCB's, petroleum
<br /> products, radioactive substances or their by-products, other substances defined or listed
<br /> as "hazardous substances", "hazardous materials", "hazardous wastes" or "toxic
<br /> substances in or pursuant to the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., ("CERCLA");
<br /> the Hazardous Materials Transportation Act, 49 USC Sections 1802, et seq.; the
<br /> Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq.; the Toxic
<br /> Substance Control Act of 1976, 15 U.S.C. §§2601 et seq.; any "toxic pollutant" under
<br /> the Clean Water Act, 33 U.S.C. §§1251 et seq.; any hazardous air pollutant under the
<br /> Clean Air Act, 42 U.S.C. §§7901 et seq.; the California Hazardous Substance Account
<br /> Act, California Health & Safety Code ("CH&SC") §125300 et seq., the Hazardous Waste
<br /> Control Law, CM&SC §§25100 et seq.; in or pursuant to or identified as causing cancer
<br /> or reproductive toxicity in the California Safe Drinking Water & Toxic Enforcement Act of
<br /> 1986, CM&SC §§25249.5 et seq.; and CM&SC §§ 25249.8, 25117, 25316; all as such
<br /> laws may be amended; any hazardous or toxic substance, material, chemical, waste or
<br /> pollutant now or hereafter regulated under any other applicable federal, state or local
<br /> environmental laws, without limitation; and any other matter in the nature thereof arising
<br /> 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
<br /> air, (b) soils or any improvements located thereon, (c) surface or ground water, (d) the
<br /> sewer, septic system or waste treatment, storage or disposal system servicing the
<br /> Licensed Areas or the Property, of any Hazardous Material, or (e) any other matter in
<br /> the nature thereof arising pursuant to 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
<br /> Licensed Areas or any portion thereof, and any other matter in the nature thereof
<br /> EBRCSA License Page 6 of 10
<br /> Pleasanton Police Department
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