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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 .
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<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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