|
(s) "Event of Default" is defined in Article 12 of this Lease.
<br />(t) "Financing Plan: means the plan attached hereto as Exhibit D which
<br />among other things describes the sources and uses for construction and permanent financing for
<br />the Project.
<br />(u) "Governmental Authorities" means all 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 />(v) "Hazardous Materials" means any chemical, material or substance now
<br />or 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 biphenyls; 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 />(w) "HUD" means the U.S. Department of Housing and Urban Development.
<br />(x) "Impositions" means all taxes, assessments, water and sewer charges,
<br />charges for public utilities, excises, levies, license and permit fees and other charges that shall or
<br />may be assessed, levied or imposed during the Term by any Governmental Authorities upon the
<br />Leased Premises or any part thereof, including the buildings or improvements now or hereafter
<br />located thereon, including without limitation, possessory interest taxes. "Impositions" shall not
<br />4
<br />OAK #4823-7863-2026 v2
<br />
|