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<br /> liability, loss, damage, cost and expense (including reasonable attorneys' fees
<br /> and expenses) resulting from any `Hazardous Substance" (as defined below)
<br /> existing on or under the Property or originating on the Property and migrating
<br /> off-site in violation of applicable Environmental Laws, but only to the extent
<br /> that the Hazardous Substance existed at the Property prior to the date of this
<br /> Agreement. The Town shall not be liable with regard to any Hazardous
<br /> Substances disposed of, placed, or otherwise existing on or under the Property
<br /> because of the actions of the County. The County will likewise, and to the
<br /> extent permitted by law, indemnify the Town for any and all liability, loss,
<br /> damage, cost and expense (including reasonable attorneys' fees and expenses)
<br /> resulting from any Hazardous Substances existing on or under the Property or
<br /> originating on the Property and migrating off-site in violation of applicable
<br /> Environmental Laws that are introduced or placed on the Property, or caused to
<br /> migrate off the property, because of the actions of the County. Save and except
<br /> any liability resulting from remediation required by NCDEQ which shall solely
<br /> rest with the Town, neither Party shall be liable to the other for liabilities, losses,
<br /> damages, costs or expenses resulting from the actions of third Parties after the
<br /> date on which the County leases or otherwise acquires a legal interest in
<br /> the Property.
<br /> "Hazardous Substances" shall mean: (a) those substances included within the
<br /> definitions of any one or more of the terms "hazardous materials," "hazardous
<br /> wastes," "hazardous substances," "industrial wastes," and "toxic pollutants," as
<br /> such terms are defined under the Environmental Laws, or any of them; (b)
<br /> petroleum and petroleum products, including, without limitation, crude oil and
<br /> any fractions thereof; (c) natural gas, synthetic gas and any mixtures thereof; (d)
<br /> asbestos and or any material which contains any hydrated mineral silicate,
<br /> including, without limitation, chrysotile, amosite, crocidolite, tremolite,
<br /> anthophyllite and/or actinolite, whether friable or non-friable; (e)
<br /> polychlorinated biphenyl ("PCBs") or PCB-containing materials or fluids; (f)
<br /> radon; (g) any other hazardous or radioactive substance, material, pollutant,
<br /> contaminant or waste; and (h) any other substance with respect to which any
<br /> Environmental Law or governmental authority requires environmental
<br /> investigation, monitoring or remediation. As used herein, the term
<br /> "Environmental Laws" shall mean all federal, state and local laws, statutes,
<br /> ordinances and regulations, now or hereafter in effect, in each case as amended
<br /> or supplemented from time to time, including, without limitation, all applicable
<br /> judicial or administrative orders, applicable consent decrees and binding
<br /> judgments relating to the regulation and protection of human health, safety, the
<br /> environment and natural resources (including, without limitation, ambient air,
<br /> surface, water, groundwater, wetlands, land surface or subsurface strata,
<br /> wildlife, aquatic species and vegetation), including, without limitation, the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of
<br /> 1980, as amended (42 U.S.C. § 9601 et. seq.), the Hazardous Material
<br /> Transportation Act, as amended (49 U.S.C. §§ 5101 et. seq.), the Federal
<br /> Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 136 et.
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