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<br />“hazardous substances,” “toxic substances,” “pollutants,” “contaminants,” “radioactive
<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).
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<br /> Hazardous Substances shall not include fuel maintained on site to fuel any
<br />emergency power generators and shall not include typical cleaning supplies, all of which
<br />Manager shall use and store in a safe and reasonable manner.
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<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.
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<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. In the event that public funds
<br />are unavailable or not appropriated for the performance of Owner’s obligations under this
<br />Agreement, then this Agreement shall automatically expire without penalty to Owner
<br />immediately upon written notice to Manager of the unavailability or non-appropriation of
<br />public funds. In the event of a change in the Owner’s statutory authority, mandate, or
<br />mandated functions, by state or federal legislative or regulatory action or state or federal
<br />judicial action, which adversely affects Owner’s authority to continue its obligations under
<br />this Agreement, then this Agreement shall automatically terminate without penalty to Owner
<br />upon written notice to Manager of such limitation or change in Owner’s legal authority. It is
<br />expressly agreed that Owner shall not activate this non-appropriation provision for its
<br />convenience or to circumvent the requirements of this Agreement.
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<br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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