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not in the past, contained any underground storage tanks. From the date of execution of this <br /> Agreement to the date of conveyance of the Transfer Lots, CSR AssociatedRinker shall not <br /> generate, store, transport, release, deposit, spill, use, place or dispose on, in or under the Transfer <br /> Lots or any properties adjacent thereto any hHazardous sSubstances. A "Hazardous Substance" <br /> is any hazardous or toxic substance,material or waste, including,but not limited to, (i) those <br /> substances, materials and wastes listed in the United States Department of Transportation <br /> Hazardous Materials Table(49 C.F.R. § 172.101)or by the United States Environmental <br /> Protection Agency as a hazardous substance(40 C.F.R. Part 302 and amendments thereto), <br /> (ii)petroleum products and their derivatives, and (iii) such other substances, materials and <br /> wastes as are or become regulated or subject to cleanup under any local, state or federal laws or <br /> regulations,but excluding those materials classified under the Department of Ecology's <br /> "Guidelines for Remediation of Petroleum Contaminated Soils" as Class 2 Soils which are below <br /> Model Toxics Control Act Method A cleanup standards. <br /> (j) No Conflict. Neither the execution of this Agreement nor the <br /> consummation by CSR AssociatedRinker of the transaction contemplated hereby will (i) conflict <br /> with or result in a breach of the terms, conditions or provisions of or constitute a default, or result <br /> in a termination of any agreement, permit, or other instrument to which CSR AssociatedRinker <br /> is a party; (ii)violate any restriction to which CSR AssociatedRinker is subject; or(iii) constitute <br /> a violation of any applicable law or legal requirement of which CSR AssociatedRinker is aware. <br /> (k) Accurate Information. CSR AssociatedRinker shall deliver to the City <br /> full and complete copies of the following items on or before the date of execution of this <br /> Agreement, which documents and information are true and accurate in all material respects: <br /> 2004 Revised Development Agreement 5: 51.. •--• . . . . .-._. .. _-• •• -••.. . -• <br /> Files\OLKA\8F X0l l.DOC::ODMA`:PCDOC •a. _ ':-- -•..- !! • <br /> 10 <br /> 8/1/2005 : !! _!! , r!! !! r!! !H :.!!. ! _ !.l.: . !!.. r!!.: : !� <br />