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(u) Financing Plan: the plan attached hereto as Exhibit D which among other
<br /> things describes the sources and uses for construction and permanent financing for the Project.
<br /> (v) Governmental Authorities: Any applicable federal. State or local
<br /> governmental or quasi-governmental entities, subdivisions, agencies, authorities or
<br /> instrumentalities having jurisdiction over the Leased Premises, the Improvements, Lessor or
<br /> Lessee.
<br /> (w) Hazardous Materials: Any chemical, material or substance now or
<br /> hereafter defined as or included in the definition of hazardous substances, hazardous wastes,
<br /> hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances,
<br /> pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air
<br /> pollutant. toxic pollutant, or words of similar import under any local, state or federal law or
<br /> under the regulations adopted or publications promulgated pursuant thereto applicable to the
<br /> Leased Premises, including, without limitation: the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980. 42 U.S.C. 9601, et seq. ("CERCLA"): the Hazardous
<br /> Materials Transportation Act, as amended. 49 U.S.C. 5101, et seq.; the Federal Water Pollution
<br /> Control Act, as amended, 33 U.S.C. 1251. et seq.; and the Resource Conservation and Recovery
<br /> Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA"). The term Hazardous Materials shall also
<br /> include any of the following: any and all toxic or hazardous substances, materials or wastes listed
<br /> in the United States Department of Transportation Table (49 CFR 172.101) or by the
<br /> Environmental Protection Agency as hazardous substances (40 CFR Part 302) and in any and all
<br /> amendments thereto; oil, petroleum, petroleum products (including, without limitation, crude oil
<br /> or any fraction thereof), asbestos and asbestos-containing materials, natural gas, natural gas
<br /> liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a
<br /> hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive,
<br /> reactive, flammable, infectious or radioactive (including any source, special nuclear or by
<br /> product material as defined at 42 U.S.C. 2011. et seq.), carcinogenic, mutagenic, or otherwise
<br /> hazardous and is or becomes regulated by any governmental authority; asbestos in any form;
<br /> urea formaldehyde foam insulation; transformers or other equipment which contain dielectric
<br /> fluid containing levels of polychlorinated byphenyls; radon gas; or any other chemical, material
<br /> or substance (i) which poses a hazard to the Leased Premises, to adjacent properties, or to
<br /> persons on or about the Leased Premises, (ii) which causes the Leased Premises to be in
<br /> violation of any of the aforementioned laws or regulations, or(iii) the presence of which on or in
<br /> the Leased Premises requires investigation, reporting or remediation under any such laws or
<br /> regulations.
<br /> (x) Housing Authority: As defined in Recital A.
<br /> (y) HUD: The U.S. Department of Housing and Urban Development.
<br /> (z) HUD Disposition Affordability Covenant/Use Restriction: That certain
<br /> Use Agreement (Kottinger Place) by and among HUD, the Housing Authority of the City of
<br /> Pleasanton. a public body corporate and politic organized under the laws of the State of
<br /> California, Lessee and Lessor, which Use Agreement is recorded and restricts 103 residential
<br /> dwelling units of the Improvements at 80% AMI for a period of 30 years.
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<br /> OAK 44834-9609-1684 vii
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