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<br />fluids, produced waters and other wastes associated with the exploration,
<br />development or production of crude oil, natural gas, or geothermal resources;
<br />(c) asbestos in any form; (d) urea formaldehyde foam insulation;
<br />(e) polychlorinated biphenyls (PCBs); (f) radon; and (g) any other chemical,
<br />material, or substance exposure to which is limited or regulated by any
<br />Governmental Agency because of its quantity, concentration, or physical or
<br />chemical characteristics, or which poses a significant present or potential hazard
<br />to human health or safety or to the environment if released into the workplace or
<br />the environment. "Hazardous Substances" shall not include ordinary office
<br />supplies and repair, maintenance and cleaning supplies maintained in de
<br />minimis, reasonable and necessary quantities and used in accordance with all
<br />Environmental Laws.
<br />
<br />"Hazardous Substance Activity" means any actual, proposed or
<br />threatened storage, holding, existence, release, emission, discharge, generation,
<br />processing, treatment, abatement, removal, disposition, use, handling or
<br />transportation by any Person of any Hazardous Substance at, from, under, into
<br />or on the Property or the Project or surrounding property.
<br />
<br />"Losses" means any and all losses, liabilities, damages, demands, claims,
<br />actions, judgments, causes of action, assessments, penalties, costs and
<br />expenses, including, without limitation, remedial, removal, response, abatement,
<br />cleanup, legal, investigative and monitoring costs and other related costs (and
<br />including, without limitation, reasonable attorneys' fees and costs, reasonable
<br />consultants' fees and costs, and reasonable accountants' fees and costs).
<br />
<br />"Person" means and includes natural persons, corporations, limited liability
<br />companies, limited liability partnerships, limited partnerships, general
<br />partnerships, joint stock companies, joint ventures, associations, companies,
<br />trusts, banks, trust companies, land trusts, business trusts, real estate
<br />investment trusts or other organizations, whether or not legal entities, and
<br />governments, agencies and countries and political subdivisions thereof.
<br />
<br />"Post-Transfer Environmental Losses" means Losses suffered or incurred,
<br />following the Transfer to the City, arising out of or as a result of: (a) the
<br />occurrence, at any time prior to the Transfer, of any Hazardous Substance
<br />Activity; (b) any violation, at any time prior to the Transfer, of any applicable
<br />Environmental Laws relating to the Property or to the ownership, use, occupancy
<br />or operation thereof; (c) any investigation, inquiry, order, hearing, action, or other
<br />proceeding by or before any Governmental Agency in connection with any
<br />Hazardous Substance Activity or any alleged violation of any Environmental
<br />Laws relating to the Property occurring or allegedly occurring at any time prior to
<br />the Transfer; or (d) any claim, demand or cause of action, or any action or other
<br />proceeding, whether meritorious or not, brought or asserted against the City
<br />which relates to, arises from or is based on any of the matters described in
<br />clauses (a) or (b), or any allegation of any such matters. As used in this
<br />definition, the phrase "at any time prior to the Transfer" includes: (a) the period
<br />
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