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<br />by applicable Federal, State or local laws and regulations, hazardous recyclables, any harmful
<br />substance or any substance that is capable of being transformed in the environment into a
<br />harmful substance, any contaminant or pollutant or any substance regulated for the protection
<br />of the environment.
<br />
<br />(d) "Emergency Response Services" means the services listed in Section 2.2;
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<br />(e) "Environment" means the components of the earth and includes:
<br />
<br />(i) Air, land and water;
<br />
<br />(ii) All layers of the atmosphere;
<br />
<br />(iii) All organic and inorganic matter and living organisms; and
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<br />(iv) The interacting natural systems that include components referred to in subsections (i) to
<br />(iii);
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<br />(f) "Environmental Law" includes any Law or any provision or condition of any permit, license,
<br />approval or other regulatory or operating authorization relating to the protection or restoration
<br />of the Environment, health, safety or natural resources, including with limitation, those relating
<br />to the manufacture, use, handling, transportation, sale, treatment, storage, disposal, recycling,
<br />release, emission or discharge of any Dangerous Product;
<br />
<br />(g) "Governmental Authority" means (i) any Federal, state, municipal, local or other
<br />governmental or public entity having jurisdiction over the Company, Fargo/Cass/W est Fargo or
<br />the Services; (ii) any subdivision, agent or authority of any ofthe foregoing; or (iii) any quasi-
<br />governmental or private body exercising any regulatory or other authority under or for the
<br />account of any of the foregoing;
<br />
<br />(h) "Law" includes all Federal, state, municipal or local statutes, regulations, codes, ordinances,
<br />decrees, rules, and all judgments, orders, decisions, rulings, awards, policies, or any provisions
<br />of the foregoing of any Governmental Authority, and all principles of common and civil law
<br />and equity including but not limited to causes of action in nuisance, trespass, negligence, and
<br />strict liability;
<br />
<br />(i) "OSHA/EP A Standards" means the emergency planning, training, and response standard
<br />requirements created by the Occupational Safety and Health Administration (OSHA) and the
<br />United States Environmental Protection Agency (EP A);
<br />
<br />G) "Release" includes any actual or potential spill, discharge, disposal, spraying, injection,
<br />deposit, leakage, seepage, pouring, emission, throwing, dumping or placing of any Dangerous
<br />Product into the Environment.
<br />
<br />(k) "Services" means collectively the Emergency Response Services and the Basic Planning
<br />Services.
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<br />C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc
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