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<br />1. Definitions.
<br />
<br />As used in this Indemnity, the following initially-capitalized terms shall have the
<br />following meanings (and all initially-capitalized terms not otherwise defined herein shall
<br />have the meaning commonly accepted by dictionary definition):
<br />
<br />"Attorneys' Fees and Consultants' Fees," "Attorneys' and Consultants'
<br />Fees and Costs" are defined in Section 8.
<br />
<br />"CERCLA" means the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980 (42 U.S.C. 999601 et seq.), as
<br />heretofore or hereafter amended from time to time.
<br />
<br />"Environmental Laws" means any and all present federal, state and local
<br />laws, ordinances, regulations, policies and any other requirements of any
<br />Governmental Agency relating to health, safety, the environment or to any
<br />Hazardous Substances, including without limitation, CERCLA, the Resource
<br />Conservation Recovery Act (RCRA), the Hazardous Materials Transportation
<br />Act, the Toxic Substance Control Act, the Endangered Species Act, the Clean
<br />Water Act, the Clean Air Act, the Occupational Safety and Health Act (to the
<br />extent the same relates to Hazardous Substances), and Chapters 376, 403, and
<br />404 of the Florida Statutes, each as hereafter amended from time to time, and
<br />the present and future rules, regulations and guidance documents promulgated
<br />under any of the foregoing or under similar laws, ordinances, regulations, policies
<br />or requirements of other states or localities.
<br />
<br />"Transfer" means the transfer of title to all or any part of the Property
<br />pursuant to the provisions of Section 265-23 of the City Code and the provisions
<br />of Resolution No.
<br />
<br />"Governmental Agency" means any federal, state, municipal or other
<br />governmental or quasi-governmental court, agency, authority or district, but
<br />excluding the City of Sunny Isles Beach, Florida.
<br />
<br />"Governing State" means Florida.
<br />
<br />"Hazardous Substances" means (a) any chemical, compound, material,
<br />mixture or substance that is now or hereafter defined or listed in, or otherwise
<br />classified pursuant to, any Environmental Laws as a "hazardous substance",
<br />"hazardous material", "hazardous waste", "extremely hazardous waste", "acutely
<br />hazardous waste", "radioactive waste", "infectious waste", "biohazardous waste",
<br />"toxic substance", "pollutant", "toxic pollutant", "contaminant", or any formulation
<br />not mentioned herein intended to define, list, or classify substances by reason of
<br />deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity,
<br />toxicity, reproductive toxicity, "EP toxicity", or "TCLP toxicity"; (b) petroleum,
<br />natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for
<br />fuel (or mixtures of natural gas and such synthetic gas) and ash produced by a
<br />resource recovery facility utilizing a municipal solid waste stream, and drilling
<br />
<br />28520513.10309020050P 95173993
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