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ARTICLE I <br /> DEFINITIONS; EXHIBITS <br /> 1.1 Definitions. The following terms shall have the meanings set forth in the Sections <br /> referenced below whenever used in this Agreement and the Exhibits attached hereto. Additional <br /> terms are defined in the Recitals and text of this Agreement. <br /> "Affordable Rent" is defined in the Regulatory Agreement. <br /> "Applicable Laws" is defined in Section 5.15. <br /> "Area Median Income" is defined in the Regulatory Agreement. <br /> "Assignment and Assumption Agreement" means that certain <br /> Assignment, Assumption and Modification Agreement executed by and between <br /> MidPen and Developer, and consented to by City, pursuant to which Developer <br /> assumed the rights and obligations of MidPen under the City HOME Note, the <br /> City HOME Loan Agreement, and the Predevelopment Note. <br /> "Certificate of Completion" is defined in Section 5.12. <br /> "City's Authorized Representative" means the City Manager of the City <br /> of Pleasanton. <br /> "City" means the City of Pleasanton, a municipal corporation. <br /> "City Council" means the City Council of the City of Pleasanton. <br /> "City Documents"means collectively,this Agreement, the Note, the <br /> Deed of Trust, the Regulatory Agreement,the City HOME Loan Agreement,the <br /> City HOME Note, the City HOME Deed of Trust, the Ground Lease and the <br /> Assignment and Assumption Agreement. <br /> "City HOME Deed of Trust"means that certain deed of trust, <br /> assignment of rents, security agreement and fixture filing to be executed by <br /> Developer as Trustor to secure repayment of the City HOME Note. <br /> "City HOME Loan" is defined in Section 4.1.1. <br /> "City HOME Loan Agreement" is defined in Section 4.1.1. <br /> "City HOME Note" is defined in Section 4.1.1. <br /> "City's Permitted Exceptions" is defined in Section 4.6(g1. <br /> "Claims" is defined in Section 5.14. <br /> OAK#4822-6539-6013 v6 3 <br />