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incurred by or asserted against the Commission(or the City of South Bend,Indiana)pursuant to the
<br /> requirements of any governmental authority,including but not limited to the Indiana Department of
<br /> a Environment Management and the United States Environment Protection Agency,arising out of,in
<br /> connection with or relating to any Environmental Condition not existing on the date of this Contract
<br /> but rather arising or occurring after the date of this Contract. The cross-indemnifications set forth in
<br /> this Subsection shall automatically expire twelve (12)months after the execution of this Contract.
<br /> For the purposes of this Subsection,the following definitions apply:
<br /> "Environment Condition"shall mean the actual,alleged,or threatened presence,discharge,
<br /> dispersal, release, escape, migration, seepage or abandonment or any solid, liquid, gaseous or
<br /> thermal irritant or contaminant, including but not limited to Hazardous Substances (as defined
<br /> herein), vapors, soot, fumes, acids, alkalis, toxic chemicals, waste materials, including medical
<br /> infectious and pathological waste,low-level radioactive waste and material,microbial matter at,on
<br /> or under the Property, the atmosphere or any watercourse, body of water or groundwater, or any
<br /> Hazardous Substances that have migrated or are migrating or that have emanated or are emanating
<br /> from the Property in surface water or groundwater.
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<br /> "Environmental Law"shall mean,as amended and as now in effect,any and all federal,state,
<br /> local and foreign statutes,regulations,ordinances,and other provisions having the force or effect of
<br /> law, all judicial and administrative orders and determinations, all contractual obligations, and all
<br /> common law concerning public health and safety,work health and safety,pollution,or protection of
<br /> the environment, including without limitation all those relating to the presence, use, production,
<br /> generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing,
<br /> processing, discharge, release, threatened release, control, or cleanup of any hazardous materials,
<br /> substances, or wastes, chemical substances or mixtures,pesticides,pollutants, contaminants,toxic
<br /> chemicals, petroleum products or byproducts, asbestos, polychlorinated biphenyls, noise, or
<br /> radiation.
<br /> "Hazardous Substance"shall mean,without limitation,any substance,chemical,material or
<br /> waste, whether solid, liquid, gaseous or thermal, (i) the presence of which causes a nuisance or
<br /> trespass of any kind;(ii)which is regulated by any Environmental Law as defined herein because of
<br /> its toxic, flammable, corrosive, reactive, carcinogenic, mutagenic, infectious, radioactive or other
<br /> hazardous property or because of its effect on the environment, natural resources or human health
<br /> and safety, including but not limited to petroleum and petroleum products, polychlorinated
<br /> biphenyls, trichloroethylene, trichloroethane and other chlorinated industrial solvents, or volatile
<br /> organic compound;or(iii)which is designated,classified,or regulated as being a hazardous or toxic
<br /> substance,material,pollutant,waste(or a similar such designation)under any federal,state or local
<br /> law, regulation or ordinance, including under any Environmental Law such as the Comprehensive
<br /> Environmental Response Compensation and Liability Act(42 U.S.C. §9601 etseq.),the Emergency
<br /> Planning and Community Right-to-Know Act(42 U.S.C. § 11001 et seq.),the Hazardous Substances
<br /> Transportation Act(49 U.S.C. § 1801 et seq.),the Clean Air Act(42 U.S.C. § 7401 et seq.), or the
<br /> Indiana Environmental Legal Action statute (I.C. § 13-30-1 et seq.).
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