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written consent to handle, store, use or dispose of products containing small
<br /> quantities of Hazardous Materials, such as ordinary cleaning and ordinary
<br /> maintenance products used by NWS for cleaning and maintenance in the
<br /> reasonable and prudent conduct of the approved use on the Ballfield Property.
<br /> NWS further covenants and agrees that at all times during the Term of this
<br /> Agreement, NWS shall comply with all applicable Environmental Laws (as defined
<br /> below), now or hereafter in effect, regulating NWS's occupation and/or operation
<br /> and/or use of the Ballfield Property.
<br /> (b) "Hazardous Materials" means any waste, pollutant, contaminant, chemical,
<br /> petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br /> classified, or designated as hazardous, toxic, radioactive, dangerous, or other
<br /> comparable term or category under any Environmental Laws (as defined below),
<br /> including, but not limited to, gasoline, oil or any byproducts or fractions thereof,
<br /> polychlorinated biphenyls, per- and polyfluoroalkyl substances, asbestos, paints,
<br /> solvents, lead, cyanide, radioactive material, or any other materials which have
<br /> adverse effects on the environment or the health and safety of persons.
<br /> (c) "Environmental Laws" means all federal, state, and local laws, statutes, rules,
<br /> regulations, ordinances, and codes, and any judicial or administrative
<br /> interpretation thereof or requirement thereunder, now or hereafter in effect,
<br /> relating,to the regulation or protection of human health, safety,the environment
<br /> and natural resources, including without limitation, the Comprehensive
<br /> Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et
<br /> seq.), the Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et seq.),
<br /> the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§
<br /> 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.), the
<br /> Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), the Toxic
<br /> Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Emergency Planning and
<br /> Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any similar or
<br /> comparable state or local laws, including without limitation, the Model Toxics
<br /> Control Act (Chapter 70A.030 RCW, formerly codified at Chapter 70.105D RCW)
<br /> and the Hazardous Waste Management Act (Chapter 70A.029 RCW, formerly
<br /> codified at Chapter 70.105 RCW).
<br /> (d) NWS liability under this Section 19 is limited to storage, use, sale, release,
<br /> generation or disposal of Hazardous Materials caused by NWS or permitted by
<br /> NWS. All portions of this Section 19 shall survive the expiration or termination of
<br /> this Agreement.
<br /> 20. CASUALTY/TAKING BY PUBLIC AGENCY.
<br /> (a) Casualty. If the Ballfield Property (or necessary access to the Ballfield Property) is
<br /> damaged by fire, earthquake or other casualty so that NWS is not reasonably able
<br /> to operate its business on the Ballfield Property ("Casualty"), NWS shall give
<br /> immediate written notice to the City. If(1) the City reasonably estimates that the
<br /> Ballfield Property and access thereto can be repaired to substantially the condition
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