Lululemon 2010 Annual Report Download - page 99

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- 2 -
(g) “ Delivery Materials ” means all information and material delivered to or otherwise made available to the Purchaser pursuant
to subsections 4.1(b) and (c);
(h)
“
Deposit
”
means, collectively, the amounts paid by the Purchaser pursuant to subsections 2.3(a) and (b);
(i)
“
Effective Date
”
means December 22, 2010;
(j) “ Environment ” means humans, animals, plants and other living organisms and all components of the earth, including air,
land, soil, water (including surface and underground water) and all other external conditions or influences under which humans,
animals, plants and other living organisms, live or are developed, and the interacting natural systems that include any of the
components referred to in this definition;
(k) “
Environmental Laws
” means all applicable common laws, statutes, regulations, rules, standards, codes, protocols, policies,
guidelines and bylaws of, or issued by or under the direction or authority of, any Governmental Authority relating to or in
respect of the protection of the Environment or in respect of Hazardous Substances including the Fisheries Act (Canada), the
Canadian Environmental Protection Act (Canada), the Transportation of Dangerous Goods Act (Canada) and the
Environmental Management Act
(British Columbia);
(l) “
Equipment
” means all the chattels, personal property, goods, equipment, inventory and supplies used by the Vendor or
anyone on the Vendor’s behalf in connection with the operation, use, enjoyment, maintenance or management of the Lands,
provided however that the Equipment must be owned by the Vendor or otherwise be subject to a conditional sale agreement in
favour of the Vendor as of the Effective Date;
(m) “
Estoppel Certificates
” means a certificate substantially in the form set out in Schedule B addressed to the Purchaser and
such other Persons as the Purchaser requires or in any other form or forms which may be required or specified under the terms
of any of the Leases;
(n) “
Governmental Authority
” means any federal, provincial, regional, municipal or local government, government authority,
office or official having jurisdiction or other political subdivision of any of them, or any entity, authority, agency or court or
person exercising executive, legislative, judicial, regulatory or administrative functions on behalf of any such government,
government authority, office or official having jurisdiction or other political subdivision thereof;
(o) “
Hazardous Substance
” means any substance, material or thing or combination of substances, materials or things which
could cause an adverse effect on, or which is dangerous or detrimental or potentially dangerous or detrimental to, any part of
the Environment, including a substance, material or thing included in or containing components included in the definition or
meaning of “biomedical waste”, “contaminant”, “dangerous good”, “deleterious substance”, “hazardous product”, “nutrient”,
“pollutant”, “reportable substance”, “Special Waste” or “toxic substance” or any variation of any such term, in any
Environmental Law or which is prohibited, controlled or regulated under any Environmental Law and, in respect of the
foregoing, is found in a material or relevant concentration for the purpose of any Environmental Laws;