Draft_October 2025_West Orange_HEFSP_with Appendices

by the Agency: "Construction Period” means the period of time 4s required to substantially complete the construction of the Project. The Project Construction Period is estimated to be three (3) months from the date of execution of this Agreement, if applicable. “Day” or "Days," whether or not the word is a capitalized term, shall mean calendar day or day{s} untess otherwise specified. "DDD" means the New Jersey Department of Human Services. Division of Developmental Disabilities, or its successors and assigns, if applicable. "DMS" means the New Jersey Departnent of Human Services, Division of Mental Health Services, or its successors or assigns, if applicable. . “Environmental Laws" shail mean and include arly federal, State, or local statute, law. ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing lability or standards of conduct concerning any hazardous. toxic, or dangerous waste, substance, clement, compound, mixture or material, as now or at any time hereafter in effect including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, 42 U.S.C. Sections 9601 ct seq., the edcral Hazardous Materials Transportation Act, as amended 42 U.S Sections 180] et ség. ‘the Péderal Resource Conservation and Recovery Act as amended, 42 U.S.C. Sections 6901 ét séq3 the Superfund Amendments and Reauthorization Act, 42 U.S.C. Sections 9601 et seq., the Federal‘ oxic Substances Control Act, 15 U.S.C. Sections 2601 et 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 Paltution Control Act. 33 U.S.C. Sections 1251 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq., the Residential Lead- Based Paint biazard Reduction Act of 1992, 42 U.S.C. Section 4852d, the New Jersey Environmental Cleanup Responsibility Act, as amended, N.J.S.A. £3:1K-6 et seq., the New Jersey 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 Jersey Tank Registration Act. N.J.S.A. 58:10A-21 et seq., tle NewYersey Water Pollution Control Act, as amended, N.J.S.A. 58:10A-+1 et seq., and all rules and regufations adopted and publications promulgated thereto, or any

n Act. N.J.S.A. 58:10A-21 et seq., tle NewYersey Water Pollution Control Act, as amended, N.J.S.A. 58:10A-+1 et seq., and all rules and regufations adopted and publications promulgated thereto, or any other so- called "Superfund” of "Superlien" laws, or any other federal. State or local environmental law, ordinance, code, rile. or regulation, order or decree as any of the foregoing 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" shall 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 (“NIDEP"), or that 3