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RCW, AND <br /> ACKNOWLEDGES THAT THIS WAIVER HAS BEEN MUTUALLY <br /> NEGOTIATED BY THE PARTIES. <br /> B. The indemnification, defense, and hold harmless obligations under Section <br /> 6.A above are not applicable to any liability,loss,damage,expense,actions or claims arising from <br /> or relating to any release,discharge or placement of any Hazardous Substance. Grantor and City's <br /> obligations regarding Hazardous Substances are as set forth by applicable law.As used hereunder, <br /> the term "Hazardous Substance" shall mean (i) any substance subject to regulation under the <br /> Washington Hazardous Waste Management Act(chapter 70.105 RCW) as amended from time to <br /> time and regulations promulgated thereunder; (ii) any "hazardous substance" under the <br /> Washington Model Toxics Control Act (chapter 70.105D RCW) as amended from time to time <br /> and regulations promulgated thereunder; (iii)any"hazardous substance" or"hazardous waste" as <br /> defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 <br /> (42 USC §§ 9602 et seq.) as amended from time to time and regulations promulgated thereunder; <br /> (iv) any asbestos; (v)polychlorinated biphenyls; (vi)underground storage tanks, whether empty, <br /> filled or partially filled with any substance; (vii) any solid waste or solid waste decomposition <br /> products (not part of or resulting from the intermodal transfer facility operations); (viii) any <br /> substance the presence of which is prohibited by any federal,state,county,municipal or other local <br /> governmental statutes, regulations, ordinances or resolutions; and (ix) other substances deemed <br /> hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or <br /> other local governmental statutes, regulations, ordinances or resolutions require special handling <br /> or notification in its collection, storage,treatment or disposal. <br /> 7. The indemnification, defense, and hold harmless obligations under Section 6.A <br /> above are not applicable to any liability,loss, damage, expense, actions or claims arising from the <br /> -6- <br /> 119 <br />