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SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY UNDER INDUSTRIAL <br /> INSUR.ANCE, TITLE 51 RCW, AND ACKNOWLEDGES THAT THIS WAIVER HAS <br /> BEEN MUTUALLY NEGOTIATED BY THE PARTIES. <br /> B. The release, indemnification, defense, and hold harmless obligations <br /> under Section 6.A above are not applicable to any liability, loss, damage, expense, actions <br /> or claims arising from or relating to any release, discharge or placement of any Hazardous <br /> Substance. Grantor and City's obligations regarding Hazardous Substances are as set forth <br /> by applicable law and by the Interlocal Agreement Regarding Improvements to Puget Sound <br /> Outfall 1 between the parties dated July 25, 2016. As used hereunder, the term "Hazardous <br /> Substance" shall mean (i) any substance subject to regulation under the Washington <br /> Hazardous Waste Management Act (chapter 70.105 RCV� as amended from time to time <br /> and regulations promulgated thereunder; (ii) any "hazardous substance" under the <br /> Washington Model Toxics Control Act (chapter 70.1O5D RCV� as amended from time to <br /> time and regulations promulgated thereunder; (iii) any"hazardous substance"or"hazardous <br /> waste" as defined by the Comprehensive Environmental Response, Compensation and <br /> Liability Act of 1980 (42 USC §§ 9602 et seq.) as amended from time to time and <br /> regulations promulgated thereunder; (iv) any asbestos; (v)polychlorinated biphenyls; <br /> (vi) underground storage tanks, whether empty, filled or partially filled with any substance; <br /> (vii) any solid waste or solid waste decomposition products(not part of or resulting from the <br /> intermodal transfer facility operations); (viii) any substance the presence of which is <br /> prohibited by any federal, state, county, municipal or other local governmental statutes, <br /> regulations, ordinances or resolutions; and (ix) other substances deemed hazardous, toxic, a <br /> pollutant, or contaminant, which by any federal, state, county, municipal or other local <br /> governmental statutes, regulations, ordinances or resolutions require special handling or <br /> notification in its collection, storage,treatment or disposal. <br /> 6 <br />