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Air Act, as amended, 42 U.S.C. ~ 7401 seq.; the Federal Water Pollution Control Act, as
<br />amended, 33 U.S.C. ~ 1251 et seq.; the Occupational Safety and Health Act, as amended,
<br />42 U:S.C. ~ 651 et seq.; the Federal Hazardous Materials Transportation Act, as
<br />amended, 49 U.S.C. ti 1801 et seq.; the National Environmental Policy Act of 1975, as
<br />amended, 42 U.S.C. ~ 4321 et al.; and the laws, rules, regulations and ordinances of the
<br />U.S. Environmental Protection Agency, the Indiana Department of Environmental
<br />Management and the County of St. Joseph and of all other entities, agencies, boards,
<br />commissions and other governmental offices, bodies and political subdivisions thereof
<br />having jurisdiction over the Site or the use or operation thereof.
<br />(c.) '`Enviromnental Lien" shall mean any lien, encumbrance or preferential an•angement
<br />of any kind in favor of any Person for any Claims arising under or by reason of a breach
<br />of any Environmental Law, or arising from or in response to threatened Release of a
<br />Hazardous Substance.
<br />(d.) "Environmental Permit'" shall mean any permit, approval, authorization, license
<br />variance, or permission required from a Governmental Authority under any applicable
<br />Environmental Law.
<br />(e.) "Enviromnental Reports•• shall mean the phase I Environmehtal Site Assessment
<br />Former Transwestern Building Site, South Bend, Indiana, prepared by EIS
<br />Environmental Engineers, Inc. ("EIS''), dated May 30, 1995 (including all attachments
<br />thereto); the analytical "results for monitoring wells east of Transwesterr- Site," prepared
<br />by EIS, dated May 15, 1995; the Phase II Assessment Former Transwestern Building
<br />Site, prepared by EIS, dated August 7, 1995; and the Brownfield Site Assessment Report,
<br />prepared by Keramida Environmental, Inc., dated May 26, ?005.
<br />(£) "Governmental Authority' shall mean any nation or government, any federal, state,
<br />county, local or other political subdivision thereof, any court, commissionl committee,
<br />panel, tribunal or administrative body and any entity exercising executive, legislative,
<br />judicial, regulatory or administrative functions of or pertaining to government.
<br />(g.) "Hazardous Substances" means and includes, without limitation:
<br />(i) Those substances included within the definitions of "hazardous substance,"
<br />"hazardous waste,~~ "toxic substance," "solid waste," "pollutant' or ``contaminant'
<br />in any Environmental Law; and
<br />(ii) Any material, waste or substance which is any of the following: (A) asbestos
<br />or any material composed of or containing asbestos; (B) radioactive; (C) highly
<br />flannnable or explosive; (D) polychlorinated byphenols ("PCBs'') or (E)
<br />petroleum or any petroleum based substance or waste or any constituent of any
<br />such substance or waste or product; and
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