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Case 1:20-bk-12043 Doc 454-1 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit A Page 4 of 31 <br /> source, special nuclear or by-product material as defined in 42 U.S.C. Section 2011 et seq., as <br /> amended or hereafter amended), explosives, hydrocarbons, asbestos in any form or condition, <br /> polychlorinated biplienyls (PCBs), petroleum or petroleum basedproducts,radon gas and all other <br /> wastes and substances, now or hereafter defined as hazardous, toxic, dangerous, or otherwise <br /> regulated under any Environmental Law, and any other materials or substances, the exposure to <br /> which is prohibited, limited, or regulated by any governmental authority or which does or could <br /> pose a hazard to the health or safety of the occupants of the Subject Property, any licensees of the <br /> occupants of the Subject Property,or the owners and/or occupants of any property adjacent thereto. <br /> (m) "Indemnifying Party" has the meaning set forth in Section 7.2(a). <br /> (n) "Indemnitee"has the meaning set forth in Section 7.2(a). <br /> (o) "Losses" has the meaning set forth in Section 7.2(a). <br /> (p) "Mining Activities" has the meaning set forth in the recitals. <br /> (q) "Owners" has the meaning set forth in the recitals. <br /> (r) "Party" and "Parties" have the meaning set forth in the Preamble. <br /> (s) "Pipeline" has the meaning set forth in the recitals. <br /> (t) "Recording Memorandum" has the meaning set forth in Section 7.16(b). <br /> (u) "Relocation" has the meaning set forth in Section 4.3. <br /> (v) "Subject Property" has the meaning set forth in the recitals. <br /> (w) "Support Coal" has the meaning set forth in Section 5.1. <br /> (x) "Term" has the meaning set forth in Section 2.1(a). <br /> Section 1.3 Construction. Headings in this Agreement are inserted for convenience <br /> only, and shall not be considered a part of this Agreement, or used in its interpretation. Unless <br /> otherwise provided, or unless the context shall otherwise require, words importing the singular <br /> number shall include the plural number, words importing the masculine gender shall include the <br /> feminine gender, and vice-versa, and the terms "include" and "including" mean include or <br /> including, without limitation and without limiting the generality of the description preceding such <br /> term. This Agreement shall not be construed against either Party merely or solely because of the <br /> draftsmanship hereof. <br /> Section 1.4 Scope. CAM hereby acknowledges that its current and future Mining <br /> Activities may negatively impact the Pipeline and agrees to conduct such Mining Activities in such <br /> a way as to minimize any adverse impact, damage, or loss to the Pipeline. Columbia agrees to <br /> 3 <br />