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29 <br /> materials," or other similar designations in, or otherwise subject to regulation under, the <br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as <br /> amended by the Superfund Amendments and Reauthorization Act of 1986 (CERCLA), 42 <br /> U.S.C. §§ 9601 et seq.; the Toxic Substance Control Act (TSCA), 15 U.S.C. §§ 2601 et <br /> seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1802 et seq.; the Resource <br /> Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 9601 et seq.; The Clean Water Act <br /> (CWA), 33 U.S.C. §§ 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300(f) et seq.; <br /> the Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq.; all as amended; any law, rule, or <br /> regulation, federal, state or local, now or hereafter in existence, governing or relating to the <br /> creation, use, storage, sale, retention, or transportation of hazardous or toxic substances <br /> and wastes; in the plans, rules, regulations or ordinances adopted, or other criteria and <br /> guidelines promulgated pursuant to the preceding laws or other similar laws, regulations, <br /> rule or ordinance now or hereafter in effect; and any other substances, constituents or <br /> wastes subject to environmental regulations under any applicable federal, state or local law, <br /> regulation or ordinance now or hereafter in effect. "Hazardous Substance" includes but is <br /> not restricted to asbestos, polychlorobiphenyls ("PCBs"), and petroleum (in any form or <br /> nature). <br /> Hazardous Substances shall not include fuel maintained on site to fuel any <br /> emergency power generators and other required equipment used at the Facility and shall <br /> not include typical cleaning supplies, all of which Manager shall use, hold, and store in in <br /> commercially reasonable quantities and conditions for use in accordance with label <br /> instructions. <br /> 13.20 States of Emergency. During any state of emergency affecting Orange <br /> County that is declared or proclaimed pursuant to the authority granted by Article 1A of <br /> North Carolina General Statute 166A the Owner may suspend the terms of this Agreement, <br /> restrict access to the Facility, and utilize the Facility as may be needed if it is determined by <br /> Orange County officials that doing so will assist in addressing the cause or effects of the <br /> emergency. Action taken pursuant to this section shall not constitute a default or breach of <br /> the Agreement by either party. <br /> 13.21 Non-Appropriation. Manager acknowledges that Owner is a <br /> governmental entity, and the validity of this Agreement is based upon the availability of <br /> public funding under the authority of its statutory mandate. If public funds are unavailable <br /> or not appropriated for the performance of Owner's obligations under this Agreement, then <br /> this Agreement shall automatically expire without penalty to Owner immediately upon <br /> written notice to Manager of the unavailability or non-appropriation of public funds. In the <br /> event of a change in the Owner's statutory authority, mandate, or mandated functions, by <br /> state or federal legislative or regulatory action or state or federal judicial action, which <br /> adversely affects Owner's authority to continue its obligations under this Agreement, then <br /> this Agreement shall automatically terminate without penalty to Owner upon written notice <br /> to Manager of such limitation or change in Owner's legal authority. <br /> 13.22 Signatures. This Agreement together with any amendments or <br />