BLP PARTNERSHIP LAND DISPOSITION

(d) "City Documents" means, collectively, this Agreement,the City Ground Lease, the Regulatory Agreement, and all other documents required to be executed by the Developer in connection with the transaction contemplated by this Agreement. (e) "City Ground Lease" means the ground lease for the Property from the City to the Developer, to be negotiated and which will supersede this Agreement. The form of the City Ground Lease will be attached to this Agreement as Exhibit B. (f) "Construction Loan" means the first position construction loan to be obtained by the Developer from an institutional lender or from the proceeds of revenue bonds(and which may be insured by HUD) in the amount as may be set forth in the approved Financing Plan. (g) "Developer" means BLP Partnership, Inc., a California nonprofit public benefit corporation, and its successors and assigns as permitted by this Agreement. (h) "Development" means the Property and the Improvements. (i) "Escrow" means the escrow established with the Title Company for the purpose of conveying the Property from the City to the Developer. (j) Event of Default" has the meaning set forth in Section 8.3 or 8.4 as applicable. (k) "Financing Plan" means the Developer's plan for financing the acquisition of the Property and the development of the Improvements. (1) "Fiscal Year" means the Developer's fiscal year, which ends on December 31. (m) "Hazardous Materials" means: (1) any "hazardous substance" as defined in Section 10104) of CERCLA(42 U.S.C. Section 960104)) or Section 25281(d) or 25316 of the California Health and Safety Code at such time; (2) any"hazardous waste," "infectious waste" or"hazardous material" as defined in Section 25117, 25117.5 or 25501(j)of the California Health and Safety Code at such time; (3) any other waste, substance or material designated or regulated in any way as "toxic" or"hazardous" in the RCRA(42 U.S.C. Section 6901 et seq.), CERCLA Federal Water Pollution Control Act (33 U.S.C. Section 1521 et seq.), Safe Drinking Water Act(42 U.S.C. Section 3000 (f) et seq.), Toxic Substances Control Act(15 U.S.C. Section 2601 et seq.), Clear Air Act(42 U.S.C. Section 7401 et seq.), California Health and Safety Code (Section 25100 et seq., Section 3900 et seq.), or California Water Code(Section 1300 et seq.) at such time; and 144\105\105296.4 2