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<br /> purposes of facilitate permanent financing of the Facilities. The parties
<br /> acknowledge that these contemplated financing agreements and transactions may
<br /> be altered by mutual Agreement of the Parties and are or may be subject to approval
<br /> of the North Carolina Treasurer, Local Government Commission.
<br /> D. The mutual negotiation and execution of an Environmental Indemnification
<br /> Agreement whereby ORFD will indemnify the County for any and all liability,loss,
<br /> damage, cost and expense (including reasonable attorneys' fees and expenses)
<br /> resulting from any "Hazardous Substance" (as defined below) existing on or under
<br /> the Property or originating on the Property and migrating off-site in violation of
<br /> applicable Environmental Laws, but only to the extent that the Hazardous
<br /> Substance existed at the Property prior to the date of this Agreement. ORFD shall
<br /> not be liable with regard to any Hazardous Substances disposed of, placed, or
<br /> otherwise existing on or under the Property because of the actions of the County.
<br /> The County will likewise, and to the extent permitted by law, indemnify ORFD for
<br /> any and all liability,loss,damage,cost and expense(including reasonable attorneys'
<br /> fees and expenses) resulting from any Hazardous Substances existing on or under
<br /> the Property or originating on the Property and migrating off-site in violation of
<br /> applicable Environmental Laws that are introduced or placed on the Property, or
<br /> caused to migrate off the property, because of the actions of the County. Save and
<br /> except any liability resulting from remediation required by NCDEQ which shall
<br /> solely rest with ORFD,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 date
<br /> on which the County acquires a legal interest in the Property.
<br /> E. "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 any
<br /> 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)polychlorinated
<br /> biphenyl ("PCBs") or PCB-containing materials or fluids; (f) radon; (g) any other
<br /> hazardous or radioactive substance, material, pollutant, contaminant or waste; and
<br /> (h) any other substance with respect to which any Environmental Law or
<br /> governmental authority requires environmental investigation, monitoring or
<br /> remediation.As used herein,the term"Environmental Laws" shall mean all federal,
<br /> state and local laws, statutes,ordinances and regulations,now or hereafter in effect,
<br /> in each case as amended or supplemented from time to time, including, without
<br /> limitation, all applicable judicial or administrative orders, applicable consent
<br /> decrees and binding judgments relating to the regulation and protection of human
<br /> health, safety,the environment and natural resources(including,without limitation,
<br /> ambient air, surface, water, groundwater, wetlands, land surface or subsurface
<br /> strata, wildlife, aquatic species and vegetation), including, without limitation, the
<br /> Comprehensive Environmental Response,Compensation and Liability Act of 1980,
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