Common use of Regulated Substances Clause in Contracts

Regulated Substances. Any substances, chemicals, materials or elements that are prohibited, limited, regulated or governed by Environmental Law, or any other substances, chemicals, materials or elements: (i) defined as “hazardous substance” under the Comprehensive Environmental Response, compensation and Liability Act of 1980 (“CERCLA”) (42 U.S.C. §§9601, et seq), as amended by the Superfund Amendments and Reauthorization Act of 1986, and as further amended from time to time, and regulations promulgated thereunder; (ii) defined as a “regulated substance” within the meaning of Subtitle I of the Resource Conservation and Recovery Act (42 U.S.C. §§ 6991-6991), and regulations promulgated thereunder; (iii) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317; (iv) defined as “hazardous”, “toxic”, or otherwise regulated, under Environmental Law adopted by the State of Delaware, or its agencies or political subdivisions including, Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91; (v) petroleum, petroleum products or derivatives or constituents thereof; (vi) asbestos or asbestos-containing materials; (vii) urea formaldehyde foam insulation or urea formaldehyde foam insulation-containing materials; (viii) lead based paint or lead based paint-containing materials; (ix) polychlorinated biphenyls or polychlorinated biphenyl-containing materials; (x) radon or radon-containing or producing materials; (xi) the presence of which requires notification, investigation or remediation under Environmental Law or common law; causes or threatens to cause a nuisance or trespass upon the Property or to adjacent properties, poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or (xi) by any laws of any government authority require special handling in its collection, storage, treatment, or disposal.