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Section 2601 et seq.; the Safe Water Drinking Water Act, 42 U.S.C. Section 300f; <br /> Washington Hazardous Waste Management Act, chapter 70.105 RCW; the <br /> Washington State Model Toxics Control Act, chapter 70.105D RCW as any of the <br /> foregoing now exist or may be changed or amended or come into effect in the <br /> future. <br /> 3. "Hazardous Material"refers to any substance, whether solid, <br /> liquid, or gaseous: (i)which is listed, defined, or regulated as a"hazardous <br /> substance," "hazardous waste", "pollutant" or"contaminant" or otherwise <br /> classified as hazardous or toxic, in or pursuant to any Environmental Law; or(ii) <br /> which is or which contains trichloroethene, asbestos, radon, any polychlorinated <br /> biphenyl, urea formaldehyde foam insulation, explosive or radioactive material, or <br /> petroleum hydrocarbons or any fraction or derivative thereof, or(iii)which causes <br /> or poses a threat to cause contamination or nuisance on the Property or any <br /> adjacent property or a hazard to the environment or to the health or safety of <br /> persons. <br /> 4. "Property" is defined in Recital A. <br /> B. Environmental Indemnity. <br /> To the fullest extent permitted by law, Boeing shall defend and indemnify <br /> the City from and against any and all Claims under any Environmental Law <br /> arising from or relating to Boeing's monitoring wells on the Property, including <br /> without limitation any and all Claims under any Environmental Law arising from <br /> or relating to extraction or injection of any substance from or into such <br /> monitoring wells. <br /> C. General Provisions. <br /> 1. Governing Law. The laws of the State of Washington, without <br /> giving effect to principles of conflict of laws, govern all matters arising out of or <br /> relating to this Agreement. <br /> 2. Venue. The City and Boeing shall bring any litigation arising out <br /> of or relating to this Agreement only before the Snohomish County Superior <br /> Court. <br /> 3. Complete Agreement. This Agreement constitutes the entire <br /> agreement of the City and Boeing relating to the subject matter of this Agreement. <br /> This Agreement supersedes and replaces all other written or oral agreements <br /> thereto. <br /> 2 <br />