Pub. L. 101-511, tit. VIII, sec. 8056
Pub. L. 101-511, tit. VIII, sec. 8056
Sec. 8056. (a) Indemnification.— (1) The United States Air Force shall, except as provided in paragraph (2), hold harmless, defend, and indemnify in full— (A) the State of New Hampshire; (B) any political subdivision of the State; and (C) the lenders, officers, agents and employees of the State or political subdivision of the State, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorney’s fees arising out of, or in any manner predicated upon releases or threatened releases of hazardous substances, or pollutants or contaminants resulting from Department of Defense activities at Pease Air Force Base in New Hampshire. (2) (A) With respect to the State of New Hampshire and the lenders, officers, agents and employees of the State, to the extent the State or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. (B) With respect to any political subdivision of the State of New Hampshire and the lenders, officers, agents and employees of the political subdivision, to the extent the political subdivision or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. (b) Definitions.— (1) As used in this section, the terms “hazardous substance,” “facility,” “pollutant or contaminant,” “response,” and “release” shall have the meanings provided in section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. (2) As used in this section, the term “lender” shall mean any person who, without participating in the management of the facility, holds indicia of ownership primarily to protect his security interest in a facility located at Pease Air Force Base in New Hampshire. (3) As used in this section, the terms “the State of New Hampshire” and “the State” shall include the State’s successors, assigns, transferees and lessees. 104 STAT. 1888 (4) As used in this section, the term “political subdivision of the State” shall include the political subdivision’s successors, assigns, transferees and lessees.