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As used herein, the term "Hazardous Material" sans any substance, material, <br />or waste which is or becomes, regulated by the State, or the United States, including, <br />but not limited to, any material or substance which is (i) defined as a "hazardous waste," <br />"extremely hazardous waste," or "restricted hazardous waste" under Section 25115, <br />Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control La25117 or 25122.7, or listed pursuant to Section 25140 of the Californw}, (ii) defined as aia Health and <br />"hazardous substance" under Section 25316 of the California Health and Safety Code, <br />Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account <br />Act), (iii) defined as a "hazardous material, hazardous substance," or "hazardous <br />waste" under Section 25501 of the California Health and Safety Code, Division 20, <br />Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) <br />defined as a "hazardous substance" under Section 25281 of the California Health and <br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous <br />Substances), (v) petroleum, (vi) friable asbestos, vii <br />Polychlorinted <br />14 methyl tertiary butyl ether, (ix) listed under Article 9 or defined s" "hazardous" <br />or <br />(viii} <br />extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of <br />Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances" <br />pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined <br />as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and <br />Recovery Act, 42 U.S.C. Sections 6901, et seq. (42 U.S.C. Section 6903) or (xii) <br />defined as "hazardous substances" pursuant to Section 101 of the Comprehensive <br />Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et <br />seq. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of t <br />date first above written, he <br />ATTEST;---- <br />PATRICIA E. HEALY <br />Clerk of the Council <br />SOUTHERN CALIFORNIA <br />REGIONAL RAIL AUTHORITY <br />David R. Solow <br />Chief Executive Officer <br />CIT SA ANA <br />DAVID N. REAM <br />City Manager <br />Agreement 13 <br />