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otherwise classified pursuant to, any Environmental Law as a “hazardous substance,” “extremely
hazardous substance,” “hazardous material,” “hazardous waste,” “solid waste,” “infectious waste,”
“medical waste,” “toxic substance,” “toxic pollutant,” or any other formulation intended to classify
substances by reason of deleterious properties such as ignitability, corrosivity, reactivity,
carcinogenicity, toxicity, or reproductive toxicity; and (b) asbestos, petroleum and any petroleum
products or byproducts, oil, polychlorinated biphenyls, per- and poly-fluoroalkyl substances,
aqueous film forming foam, urea formaldehyde, radon gas, methane gas, mold, radioactive
materials (including any source, special nuclear, or by-product material), chlorofluorocarbons, lead
and lead-based products, and any other substance whose presence could be detrimental to property,
health, or the environment.
i) “Qutside Closing Date” means the latest date on which Closing may occur, which
is October 30, 2026.
@ “Project” has the meaning set forth in the recitals to this Contract.
(k) | “Unavoidable Delay” means a delay due to causes beyond a Party’s reasonable
control, including but not restricted to strikes, lockouts, actions of labor unions, riots, injunction,
explosions affecting the Project, acts of God or of the public enemy, acts of government,
insurrection, mob violence, terrorism (foreign or domestic), civil commotion, sabotage, malicious
mischief, vandalism, inability (notwithstanding good faith and diligent efforts) to procure or
general shortage of, labor, equipment, facilities, materials, or supplies in the open market, failures
of transportation, fires, other casualties, disputes with insurers, failure of insurers to pay an insured
claim, epidemics, quarantine restrictions, freight embargoes, severe weather which physically
damages the Project or otherwise impairs Developer’s ability to proceed with construction of the
Project, inability (notwithstanding good faith and diligent efforts) to obtain governmental permits
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