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(iii) those other substances, materials and wastes which are regulated under any
<br />Environmental Law or which are classified as hazardous or toxic by any
<br />Environmental Law.
<br />(h.) "Claim'" shall mean any claim or order or demand, charge, liability, obligation,
<br />action, suit, damage, judgment, loss, fine, penalty, cost or expense, brought by, or
<br />incui7•ed as a result of action by a Governmental Authority, including, without limitation,
<br />attorney, expert witness and consulting fees, and costs of investigation, clean up and
<br />feasibility studies, and consequential damages, including damages for inten-uption of
<br />business, loss of business and loss of business production.
<br />(i.) "Person'" shall mean any person, group of persons or employee, individual,
<br />corporation, partnershipr entity, organization, trust, or any Governmental Authority.
<br />(j.) "Release'' shall mean release, spill, emission, leaking, pumping, escaper injection,
<br />deposit, disposal, discharge, dispersal, leaking or migration into the indoor or outdoor
<br />environment or into or out of any property, including the movement of Hazardous
<br />Substances through or in the air, soil, surface water, groundwater, or the Site.
<br />(k.) `'Remedial Action'- shall mean actions required by any Governmental Authority
<br />under any Environmental Law (i) to investigate, contain, clean-up, remove, treat or in any
<br />other way address Hazardous Substances in, at or under (including in the groundwater) or
<br />upon the Site; or (ii) address the Release or any threatened Release of Hazardous
<br />Substances that have migrated or are migrating or that are threatening to migrate from the
<br />Site.
<br />2. Indemnitor"s Representations and Wan-anties. Indemnitor represents and warrants the
<br />following to be true and accurate as of the effective date of this Agreement:
<br />(a.) Indemnitor has engaged environmental consultants to conduct environmental
<br />investigations at the Site and has provided to Indemnitee all of the reports
<br />generated by such environmental investigations or which reports constitute the
<br />Environmental Reports defined herein. Indemnitor warrants and represents that
<br />but for the information contained in the Enviromnental Reports or in the publicly
<br />accessible records of any Governmental Authority it has no knowledge of: a) any
<br />Hazardous Substance at, under (including the groundwater) or upon the Site; orb)
<br />any Hazardous Substances Released fi•om the Site onto any other property or into
<br />the waters of the State, the groundwater or any publicly or privately owned well.
<br />(b.) To the best of Indemnitor's knowledge, neither the Site nor Indemnitor, due
<br />to anv of the City's or Indemnitor's past operations on the Site, are subject to any
<br />judcial or adminitstrative proceedings or to any order from, or abn•eement with,
<br />any Governmental Authority respecting: (i) any violation or alleged violation of
<br />any Environmental Laws or (ii) any Remedial Action or (iii) any Claims arising
<br />from the Release or threatened Release of a Hazardous Substance to, at or fi•om
<br />the Site.
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