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7 <br /> SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY UNDER INDUSTRIAL <br /> INSURANCE, TITLE 51 RCW, AND ACKNOWLEDGES THAT THIS WAIVER HAS <br /> BEEN MUTUALLY NEGOTIATED BY THE PARTIES. <br /> B. The release, indemnification, defense, and hold harmless obligations <br /> under Section 6.A above are not applicable to any liability, loss, damae, expense,ense actions <br /> or claims arising from or relating to any release, discharge or placement of any <br /> Hazardous <br /> Substance. Grantor and City's obligations regarding Hazardous Substances are as set forth <br /> by applicable law and by the Interlocal Agreement Regarding Improvements to Puget Sound <br /> Outfall 6 and Puget Sound Outfall 2 between the parties dated July 3, 2014. As used <br /> hereunder, the term "Hazardous Substance" shall mean (i) any substance subject to <br /> regulation under the Washington Hazardous Waste Management Act(chapter 70.105 RCW) <br /> as amended from time to time and regulations promulgated thereunder; (ii) any"hazardous. <br /> substance" under the Washington Model Toxics Control Act (chapter 70.105D RCW) as <br /> amended from time to time and regulations promulgated thereunder; (iii) any "hazardous <br /> substance" or "hazardous waste" as defined by the Comprehensive Environmental <br /> Response, Compensation and Liability Act of 1980 (42 USC §§ 9602 et seq.) as amended <br /> from time to time and regulations promulgated thereunder; (iv) any asbestos; <br /> (v)polychlorinated biphenyls; (vi)underground storage tanks, whether empty, filled or <br /> 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 <br /> other local governmental statutes, regulations, ordinances or resolutions; and (ix) other <br /> substances deemed hazardous,toxic, a pollutant,or contaminant,which by any federal,state, <br /> county, municipal or other local governmental statutes, regulations, ordinances or <br /> resolutions require special handling or notification in its collection, storage, treatment or <br /> disposal. <br /> 6 <br /> 25 <br />