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