Orange County NC Website
9 <br />applicable Environmental Laws that are introduced or placed on the Property, or caused <br />to migrate off the property, because of the actions of the County. Save and except any <br />liability resulting from remediation required pursuant to the Brownfields Agreement <br />which shall solely rest with Main Street, neither Party shall be liable to the other for <br />liabilities, losses, damages, costs or expenses resulting from the actions of third Parties <br />after the date on which the County leases the Property <br />"Hazardous Substances" shall mean: (a) those substances included within the definitions <br />of any one or more of the terms "hazardous materials," "hazardous wastes," "hazardous <br />substances," "industrial wastes," and "toxic pollutants," as such terms are defined under <br />the Environmental Laws, or any of them; (b) petroleum and petroleum products, <br />including, without limitation, crude oil and any fractions thereof, (c) natural gas, <br />synthetic gas and any mixtures thereof, (d) asbestos and or any material which contains <br />any hydrated mineral silicate, including, without limitation, chrysotile, amosite, <br />crocidolite, tremolite, anthophylite and /or actinolite, whether friable or non - friable; (e) <br />polychlorinated biphenyl ( "PCBs ") or PCB - containing materials or fluids; (f) radon; (g) <br />any other hazardous or radioactive substance, material, pollutant, contaminant or waste; <br />and (h) any other substance with respect to which any Environmental Law or <br />governmental authority requires environmental investigation, monitoring or remediation. <br />As used herein, the term "Environmental Laws" shall mean all federal, state and local <br />laws, statutes, ordinances and regulations, now or hereafter in effect, in each case as <br />amended or supplemented from time to time, including, without limitation, all applicable <br />judicial or administrative orders, applicable consent decrees and binding judgments <br />relating to the regulation and protection of human health, safety, the environment and <br />natural resources (including, without limitation, ambient air, surface, water, groundwater, <br />wetlands, land surface or subsurface strata, wildlife, aquatic species and vegetation), <br />including, without limitation, the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the <br />Hazardous Material Transportation Act, as amended (49 U.S.C. §§ 5101 et seq.), the <br />Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 136 et seq.), <br />the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.), the <br />Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.), the Clean Air Act, <br />as amended (42 U.S.C. § 7401 et seq.), the Federal Water Pollution Control Act, as <br />amended (33 U.S.C. § 1251 et seq), the Safe Drinking Water Act, as amended (42 U.S.C. <br />§ 300f et seq.), any state or local counterpart or equivalent of any of the foregoing, and <br />any federal, state or local transfer of ownership notification or approval statutes. <br />"Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, <br />discharging, injecting, escaping, leaching, dumping or disposing of any Hazardous <br />Substances. <br />G. The negotiation and completion of agreements and documents guiding the selection of <br />designers and contractors, the timelines for the completion of various aspects of the <br />design work, the methods and scheduling input, and other specific design and <br />construction coordination necessary to ensure the successful completion of the Project. <br />H. The negotiation and execution of ground leases (wherein the County's property interests <br />in the Parking Deck and Branch Library will convert to condominium interests post - <br />construction) under which the County as Lessee shall have the right to construct the <br />improvements on the Property subject to the County's obligation to subject the Property <br />and all improvements constructed thereon to a condominium declaration similar in <br />structure and form to the "Declaration Of Condominium for 300 East Main Hotel /Retail <br />91 <br />