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200112870
<br />elements, compounds or any other materials and substances (including materials,
<br />substances or things which are composed of or which have as constituents any of the
<br />foregoing substances), which are or may be subject to regulation under, or the Release of
<br />which or exposure to which is prohibited, limited or regulated under any Environmental
<br />Law.
<br />(2) 'Enforcement Action" means any action, proceeding or investigation
<br />(administrative or judicial, civil or criminal) instituted or threatened by U.S.
<br />Environmental Protection Agency, or any other federal, state or local governmental
<br />agency (collectively "Governmental Authority") related to any alleged or actual violation
<br />of any Environmental Law with respect to the Property and/or any business conducted
<br />thereon, and/or the Trustor, including, but not limited to, actions seeking Remediation,
<br />the imposition or enforcement of liability pursuant to any Environmental Law and
<br />compliance with any Environmental Law. Enforcement Action shall also include any
<br />similar actual or threatened action by any private party pursuant to any Environmental
<br />Law.
<br />(3) 'Environmental Laws" means any and all present and future: federal,
<br />state, and local laws, statutes, ordinances, rules, and regulations, relating to protection of
<br />human health and the environment from Contaminants including but not limited to the
<br />Comprehensive Environmental Response, Compensation and Liability Act, as amended,
<br />(CERCLA), 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, as
<br />amended, (RCRA), 42 USC §6901 et seq. the Clean Air Act, as amended, 42 USC §7401
<br />et seq.; the Federal Water Pollution Control Act, as amended (including but not limited to
<br />as amended by the Clean Water Act), 33 USC §1251 et seq.; the Toxic Substances
<br />Control Act, as amended (TSCA), 15 USC §2601 et seq.; the Emergency Planning and
<br />Community Right -to -Know Act (also known as SARA Title III), as amended, (EPCRA),
<br />42 USC § 11001 et seq.; the Safe Drinking Water Act, as amended, 42 USC §300(f) et
<br />seq.; the Federal Insecticide, Fungicide and Rodenticide Act, as amended (FIFRA), 7
<br />USC §136 et seq.; the Occupational Safety and Health Act, as amended, (OSHA), 29
<br />USC §651 et seq.; the Endangered Species Act, as amended, 16 USC § 1531 et seq.; the
<br />National Environmental Policy Act, as amended, (NEPA), 42 USC §4321 et seq.; the
<br />Rivers and Harbors Act of 1899, 33 USC §401 et seq.; state and local laws, rules and
<br />regulations similar to or addressing similar matters as the foregoing federal laws; laws,
<br />rules and regulations governing underground or above - ground storage tanks; laws, rules
<br />and regulations imposing liens for response costs or costs of other Remediation, whether
<br />or not those liens have a higher priority than existing liens; laws, rules and regulations
<br />conditioning transfer of property upon a form of negative declaration or other approval of
<br />a Governmental Authority of the environmental condition of a property; laws, rules and
<br />regulations requiring the disclosure of conditions relating to Contaminants in connection
<br />with transfer of title to or interest in property law; laws, rules and regulations requiring
<br />notifying of any governmental entity with regard to a Release of any Contaminant;
<br />conditions or requirements imposed in connection with any permits; government orders
<br />and demands and judicial orders pursuant to any of the foregoing; laws, rules and
<br />regulations relating to the Release, use, treatment, storage, disposal, transportation,
<br />transfer, generation, processing, production, refining, control, management, or handling
<br />of Contaminants; any and all other laws, rules, regulations, guidance, guidelines and
<br />common law of any governmental entity relating to the protection of human health or the
<br />environment from Contaminants.
<br />(4) "Release" means any spilling, leaking, migrating, pumping, pouring,
<br />emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into
<br />the environment of any Contaminant.
<br />(5) " Remediation" means any response, remedial or removal action pursuant
<br />to CERCLA; any corrective action pursuant to RCRA; any other actions required,
<br />authorized or ordered under any Environmental Law with regard to cleanup, removal,
<br />response, detoxification or other remediation of any Contaminant; any actions to prevent,
<br />cure or mitigate a Release or threatened Release of any Contaminant; any action
<br />necessary or appropriate to comply with any Environmental Law; any action necessary or
<br />appropriate to obtain or comply with permits needed for operations in connection with
<br />the Property; including but not limited to: any investigation, monitoring, assessment,
<br />testing, sampling, laboratory or other analysis, or evaluation, relating to any such
<br />response, remedial, removal, corrective or other cleanup action or relating to any Release
<br />or threatened Release of any Contaminant; other actions ordered or otherwise required
<br />pursuant to any other provision of any other Environmental Law; any other response,
<br />remedial or removal action liability for which may be imposed pursuant to CERCLA
<br />§107(a) (42 USC §9607(a)) whether such liability is to a Governmental Authority or a
<br />private party.
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