ITS RESOLUTION WITHIN TEN (10)
DAYS AFTER EXECUTION HEREOF, BUT FAILURE TO DO SO SHALL IN NO MANNER (I) BE
EVIDENCE OF THE ABSENCE OF AUTHORITY OR (II) AFFECT THE REPRESENTATION OR
WARRANTY.
SECTION 17.21.
FORCE MAJEURE DELAYS.
IN ANY CASE WHERE EITHER PARTY
HERETO IS REQUIRED TO DO ANY ACT (OTHER THAN THE PAYMENT OF MONEY), DELAYS
CAUSED BY OR RESULTING FROM ACTS OF GOD OR NATURE, WAR, CIVIL COMMOTION, FIRE,
FLOOD OR OTHER CASUALTY, LABOR DIFFICULTIES, SHORTAGES OF LABOR OR MATERIALS OR
EQUIPMENT, GOVERNMENT REGULATIONS, DELAY BY GOVERNMENT OR REGULATORY AGENCIES
WITH RESPECT TO APPROVAL OR PERMIT PROCESS, UNUSUALLY SEVERE WEATHER, OR OTHER
CAUSES BEYOND SUCH PARTY'S REASONABLE CONTROL ("FORCE MAJEURE DELAYS") THE TIME
DURING WHICH ACT SHALL BE COMPLETED, SHALL BE DEEMED TO BE EXTENDED BY THE
PERIOD OF SUCH DELAY, WHETHER SUCH TIME BE DESIGNATED BY A FIXED DATE, A FIXED
TIME OR "A REASONABLE TIME."
SECTION 17.22.
HAZARDOUS MATERIALS.
(A)
DEFINITION OF HAZARDOUS MATERIALS AND ENVIRONMENTAL LAWS.
"HAZARDOUS MATERIALS" MEANS ANY (A) SUBSTANCE, PRODUCT, WASTE OR OTHER MATERIAL
OF ANY NATURE WHATSOEVER WHICH IS OR BECOMES LISTED REGULATED OR ADDRESSED
PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
ACT, 42 U.S.C. SECTIONS 9601, ET SEQ. ("CERCLA"); THE HAZARDOUS MATERIALS
TRANSPORTATION ACT ("HMTA") 49 U.S.C. SECTION 1801, ET SEQ., THE RESOURCE
CONSERVATION AND RECOVERY ACT, 42 U.S.C. SECTION 6901, ET SEQ. ("RCRA"); THE
TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTIONS 2601, ET SEQ. ("TSCA"); THE
CLEAN WATER ACT, 33 U.S.C. SECTIONS 1251, ET SEQ.; THE CALIFORNIA HAZARDOUS
WASTE CONTROL ACT, HEALTH AND SAFETY CODE SECTIONS 25 100, ET SEQ.; THE
CALIFORNIA HAZARDOUS SUBSTANCES ACCOUNT ACT, HEALTH AND SAFETY CODE SECTIONS
26300, ET SEQ.; THE CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT,
HEALTH AND SAFETY CODE SECTIONS 25249.5, ET SEQ.; CALIFORNIA HEALTH AND SAFETY
CODE SECTIONS 25280, ET SEQ.; (UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES); THE
CALIFORNIA HAZARDOUS WASTE MANAGEMENT ACT, HEALTH AND SAFETY CODE SECTIONS 25
170.1, ET SEQ.; CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 25501. ET SEQ.
(HAZARDOUS MATERIALS RESPONSE PLANS AND INVENTORY); OR THE PORTER-COLOGNE WATER
QUALITY CONTROL ACT, CALIFORNIA WATER CODE SECTIONS 13000, ET SEQ., ALL AS
AMENDED, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDINANCE,
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resolution, code, rule, regulation, order or decree regulating, relating to or
imposing liability (including, but not limited to, response, removal and
remediation costs) or standards of conduct or performance concerning any
hazardous, toxic or dangerous waste, substance or material, as now or at any
time hereafter may be in effect (collectively, "Environmental Laws"); (b) any
substance, product, waste or other material of any nature whatsoever whose
presence in and of itself may give rise to liability under any of the above
statutes or under any statutory or common law theory based on negligence,
trespass, intentional tort, nuisance, strict or absolute liability or under any
reported decisions of a state or federal court, (c) petroleum or crude oil,
including but not limited to petroleum and petroleum products contained within
regularly operated motor vehicles