CEMEX Materials Pacific LLC 4/5/2017

and(iii) from September 1, 2005, to the applicable Transfer Lot Closing Date, Owner has not and shall not generate, store, transport, release, deposit, spill, use, place, or dispose on, in, or under the Transfer Lots or any properties adjacent thereto any Hazardous Substances, except that Owner is transporting and remediating materials classified under the Department of Ecology's "Guidelines for Remediation of Petroleum Contaminated Soils" as Class 2 Soils that are below Model Toxics Control Act Method A cleanup standards. "Hazardous Substances" are any hazardous or toxic substances, materials or wastes, including, but not limited to, (i)those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as a hazardous substance (40 C.F.R. Part 302 and amendments thereto), (ii)petroleum products and their derivatives, and (iii) such other substances, materials, and wastes as are or become regulated or subject to cleanup under any local, state, or federal laws or regulations. (j) No Conflict. Neither the execution of this Amendment nor the consummation by Owner of the conveyances contemplated hereby will (i) conflict with or result in a breach of the terms, conditions, or provisions of or constitute a default, or result in a termination of, any agreement, permit, or other instrument to which Owner is a party; (ii) violate any restriction to which Owner is subject; or (iii) constitute a violation of any applicable law or legal requirement of which Owner is aware. (k) Accurate Information. Prior to March 1, 2017, Owner has delivered to the City full and complete copies of the following items, in Owner's possession or control, on or before the Effective Date, which documents and information are true and accurate in all material respects ("Owner's Deliverables"): 10