West Orange Fourth Round HEFSP_adopted 111025_Appendices

by the Agency: "Construction Period” means the period of time 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 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) unless otherwise specified. "DDD" means the New Jersey Department of Human Services, Division of Developmental Disabilities, or its successors and assigns, if applicable. "DMHS" means the New Jersey Department of Human Servi isi6n of Mental Health Services, or its successors or assigns, if applicable. oO "Environmental Laws" shal! mean and include afly federal, State, or local statute, law, ordinance, code, rule, regulation, order, or decree regulatirig, relating to, or imposing liability or standards of conduct concerning any hazardous, toxié,or dangerous waste, substance, element, compound, mixture or material, as now or at any ereafter in effect including, without limitation, the Federal Comprehensive Environmen se, Compensation and Liability Act of 1980 as amended, 42 U.S.C. Sections 9601 et seq., deral Hazardous Materials Transportation Act, as amended 42 U.S.C. Sections 1801 et se deral Resource Conservation and Recovery Act as amended, 42 U.S.C. Sections 6901 ét seq” Superfund Amendments and Reauthorization Act, 42 U.S.C. Sections 9601 et seq., the Peahoxs Substances Control Act, 15 U.S.C. Sections 2601 et seq., the Federal Hazardous Motil ansportation Act, 49 U.S.C. Sections 1801 et seq., the Federal Clean Air Act, 42 U.S.C. Hom 7401 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Sections 1251 et seq, fide ane Harbors Act of 1899, 33 U.S.C. Sections 401 et seq., the Residential Lead-Based Paint Hagard Reduction Act of 1992, 42 U.S.C, Section 4852d, the New Jersey Environmental Cleanu sibility Act, as amended, N.J.S.A. 13:1K-6 et seq., the New Jersey Industrial Site Receyery Act, N.J.S.A. 13:1K-6 et seq., the Spill Compensation and Control Act, as amended, N.J.S.A -40-23.11 et seq., the New Jersey Tank Registration Act, N.J.S.A. 58:10A-21 et seq., the oes Water Pollution Control Act, as amended, N.J.S.A. 58:10A-1 et seq., and all rules ané:regelations adopted and publications promulgated thereto, or any other so- called "Super: uperlien" laws, or any other federal, State or

l Act, as amended, N.J.S.A. 58:10A-1 et seq., and all rules ané:regelations adopted and publications promulgated thereto, or any other so- called "Super: uperlien" laws, or any other federal, State or local environmental law, ordinance, code, or regulation, order or decree as any of the foregoing have been, or are hereafter amended. "Environmental Report" means the Phase I Environmental Site Assessment prepared by Salem Environmental LLC dated August 11, 2009. "Event of Default" means any of the events set forth in Section 31 of this Agreement. “Hazardous Materials" shall mean and include those elements, 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 ("NJDEP”), or that 3