2018/08/22 Council Agenda Packet

c respective degrees of fault. THE GRANTOR AND THE CITY SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, AND ACKNOWLEDGES THAT THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. B. The indemnification, defense, and hold harmless obligations under Section 6.A above are not applicable to any liability,loss, damage, expense,actions or claims arising from or relating to any release,discharge or placement of any Hazardous Substance. Grantor and City's obligations regarding Hazardous Substances are as set forth by applicable law.As used hereunder, the term "Hazardous Substance" shall mean (i) any substance subject to regulation under the Washington Hazardous Waste Management Act (chapter 70.105 RCW) as amended from time to time and regulations promulgated thereunder; (ii)any "hazardous substance" under the Washington Model Toxics Control Act (chapter 70.105D RCW) as amended from time to time and regulations promulgated thereunder; (iii) any"hazardous substance" or"hazardous waste" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC §§ 9602 et seq.)as amended from time to time and regulations promulgated thereunder; (iv) any asbestos; (v)polychlorinated biphenyls; (vi)underground storage tanks, whether empty, filled or partially filled with any substance; (vii) any solid waste or solid waste decomposition products (not part of or resulting from the intermodal transfer facility operations); (viii) any substance the presence of which is prohibited by any federal,state,county,municipal or other local governmental statutes, regulations, ordinances or resolutions; and (ix) other substances deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions require special handling or notification in its collection, storage, treatment or disposal. -6- 67