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the Toxic Substances Control Act, the Occupational Safety and Health Act of 1970, the <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, the <br />Hazardous Materials Transportation Act, the Federal Insecticide, Fungicide, and Rodenticide <br />Act, the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act, and applicable state <br />analogues. As used herein, "Hazardous Materials" shall mean any chemical, substance, <br />compound or material that is listed, regulated or defined as a "hazardous material," "hazardous <br />waste," "hazardous substance," "solid waste," "toxic substance," "contaminant" or "pollutant" or <br />words of similar meaning and import, or as otherwise regulated by any governmental agency or <br />governmental authority in, under or pursuant to any Environmental Law, including, without <br />limitation, petroleum, petroleum products (including oxygenates), hydrocarbons, fuel oil, <br />derivatives and degradation products of petroleum products or fuel oil, petroleum waste, waste <br />oil and polychlorinated biphenyls. <br />4. Payments. <br />(i) Pit Properties In consideration for leasing the Pit Properties, including <br />the associated grant by Lessor of the water rights and the mineral rights to the Aggregates on the <br />Pit Properties, Lessee shall be obligated to pay to Lessor a royalty ( "Royalty ") calculated in the <br />manner described in paragraphs 4(i)(a) through 4(i)(c), below. The Royalty shall be paid only on <br />Aggregates from the Pit Properties actually sold by the Lessee. The Royalty shall be paid in <br />3 <br />