|
toxic chemicals, waste materials, including medical infectious and pathological
<br />waste, low -level radioactive waste and material, microbial matter at, on or under
<br />the Property, the atmosphere or any watercourse, body of water or groundwater,
<br />or any Hazardous Substances that have migrated or are migrating or that have
<br />emanated or are emanating from the Property in surface water or groundwater.
<br />e. "Environmental Law" shall mean, as amended and as now in effect, any and all
<br />federal, state, local, and foreign statutes, regulations, ordinances, and other
<br />provisions having the force or effect of law, all judicial and administrative orders
<br />and determinations, all judicial and administrative orders and determinations, all
<br />contractual obligations, and all common law concerning public health and safety,
<br />worker health and safety, pollution, or protection of the environment, including,
<br />without limitation, all those relating to the presence, use, production, generation,
<br />handling, transportation, treatment, storage, disposal, distribution, labeling,
<br />testing, processing, discharge, release, threatened release, control, or cleanup of
<br />any hazardous materials, substances, or wastes, chemical substances or mixtures,
<br />pesticides, pollutants, contaminants, toxic chemicals, petroleum products or
<br />byproducts, asbestos, polychlorinated biphenyls, noise, or radiation.
<br />f. "Hazardous Substance" means, without limitation, any substance, chemical,
<br />material or waste, whether solid, liquid, gaseous or thermal, (i) the presence of
<br />which causes a nuisance or trespass of any kind; (ii) which is regulated by any
<br />Environmental Law as defined herein because of its toxic, flammable, corrosive,
<br />reactive, carcinogenic, mutagenic, infectious, radioactive, or other hazardous
<br />property or because of its effect on the environment, natural resources or human
<br />health and safety, including, but not limited to, petroleum and petroleum products,
<br />polychlorinated byphenyls, trichloroethylene, trichloroethane and other
<br />chlorinated industrial solvents, and a volatile organic compounds; or (iii) which is
<br />designated, classified, or regulated as being a hazardous or toxic substance,
<br />material, pollutant, waste (or a similar such designation) under any federal, state
<br />or local law, regulation or ordinance, including under any Environmental Law
<br />such as the Comprehensive Environmental Response Compensation and Liability
<br />Act (42 U.S.C. §9601 et seq.), the Emergency Planning and Community Right -to-
<br />Know Act (42 U.S.C. §11001 et seq.), the Hazardous Substances Transportation
<br />Act (49 U.S.C. §1801 et seq.), or the Clean Air Act (42 U.S.C. §7401 et seq.), or
<br />Indiana Environmental Legal Action statute (I.C. § 13 -30 -0, et seq.).
<br />g. "Institutional Controls" shall mean Remediation Work taken to restrict access to,
<br />or use of, the Property, including but not limited to deed restrictions.
<br />h. "Remediation Objectives" shall mean the receipt of a Certificate of Completion,
<br />or other equivalent approval, from IDEM, finding that Remediation Work at the
<br />Property has been satisfactorily completed to the least stringent standard that
<br />allows Curtis's use of the Property for industrial, office, laboratory or
<br />warehousing activities.
<br />3
<br />
|