West Orange Township_Fourth Round HEFSP_Final Draft

by the Agency. "Construction Period” means the period of ime as required to substantially complete the construction of the Project. The Project Construction Period is estimated to be three (3) months from the date of exccution of this Agreement. if applicabic. “Day” or "Days, " whether or not the ward is a capitalized term, shall mean calendar day or dav{s) unless otherwise specified. "DDD" means the New Jersey Department of Human Services, Division of Developmental Disabilities, or its successors and assigns, if applicable. “DMIIS” means the New Jersey Department of Human Services. Division of Mental Health Services. or its succeysors or assigns, if applicable. “Environmental Laws" shalt mean and include any federal, State, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous. toxic, or dangerous waste, substance, clement, compound, mixture or material, as now or al any time hereafter in ctfect meluding, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, 42 U.S.C. Sections 9601 et seq., the Federal Hazardous Materials Transportation Act, as amended 42 U.S.C. Sections 180i ct seq., the Federal Resource Conservation and Recovery Act as amended, 42 U.S.C. Sections 6961 et seq., the Superfund Amendments and Reauthorization Act, 42 U.S.C. Sections 960! et seq., the Federal Toxic Substances Control Act, 15 U.S.C. Sections 2601 ct seq.. the Federal Hazardous Material Transportation Act. 49 U.S.C. Sections 1801 et seq., the Federal Clean Air Act. 42 U.S.C. Sections 7401 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Sections 1251 et seq., the Rivers and Harbors Actof 1899, 33 U.S.C. Sections 401 et seq, the Residential Lead-Based Paint tlazard Reduction Act of 1992. 42 U.S.C. Section 4852d, the New Jersey Environmental Cleanup Responsibility Act, as amended, N.J-S.A. 13:1K-6 et seq., the New Jerscy Industrial Site Recovery Act, N.J.S.A. 13:1K-6 ct seq., the Spill Compensation and Control Act, as amended, N.J.S,A. 58:10-23.11 et seq., the New Jerscy Tank Registration Act, N.J.S.A. 58:10A-2i et seq., the New Jersey Water Pollution Control Act, as amended, N.J.S.A. 58:10A-1 et seq., and ali rules and regulations adopted and publications promulgated thereto, or any

n Act, N.J.S.A. 58:10A-2i et seq., the New Jersey Water Pollution Control Act, as amended, N.J.S.A. 58:10A-1 et seq., and ali rules and regulations adopted and publications promulgated thereto, or any other so- called "Superfund" or *Superlien" laws, or any other federal, State or local environmental law, ordinance, code, rite, or regulation, order or decree as any of the foregomg have been, or are hereafter amended. “Environmental Report™ means the Phase [ Environmental Site Assessment prepared by Salem Environmental LLC dated August 11, 2009. “Event of Default” means any of the cvents set forth in Section 31 of this Agrecment. “Hazardous Materials" shal! mean and include those clements, materials, compounds, mixtures or substances that are contained in any list of hazardous substances adopted by the United States Environmental Protection Agency (the "EPA”) or any list of toxic pollutants designated by Congress, the EPA, or the New Jersey Department of Environmental Protection ("NJIDEP"), or that 3