Hazardous Materials - Definition. As used in this Agreement the term “Hazardous Materials” means any chemical, compound, material, substance or other matter that: (i) Is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (ii) Is controlled, referred to, designated in or governed by any Hazardous Materials Laws; (iii) Gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws; or (iv) Is any other material or substance giving rise to any liability, responsibility or duty upon the County or Developer with respect to any third person under any Hazardous Materials Law. Developer hereby represents and warrants that the development, construction and uses of the Leasehold permitted under this Agreement (i) will comply with all applicable environmental laws; and (ii) do not require the presence of any Hazardous Materials on the Property. Hazardous Materials do not include any substances customarily used in construction, development, operation, or maintenance of residential real estate, provided such substances are used in accordance with all applicable laws.
Appears in 2 contracts
Sources: Disposition and Development Agreement, Disposition and Development Agreement