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Section 5.5, (iii) amounts paid by Lessor pursuant to Section 7.2, and (iv) amounts paid by <br />Lessor to cure Lessee defaults under loans secured by the Leased Premises and the <br />Improvements. <br />"Affordable Rent" is defined in the Regulatory Agreement. <br />"Applicable Laws" is defined in Section 9.6. <br />"Approved Loans" means the Senior Loan, the Seller Loan, and the City Loan, and <br />other loans obtained from time to time by Lessee for the rehabilitation, construction and <br />permanent financing of the Improvements, as approved by Lessor, which approval will not be <br />unreasonably withheld. <br />"Casualty" is defined in Article I 1 hereof. <br />"City" means the City of Pleasanton, California. <br />"City Documents" means collectively, this Lease, the Regulatory Agreement, the Note <br />and the Deed of Trust. <br />"City Loan" means the financing provided by Lessor to Lessee's predecessor in interest <br />in connection with the development of the Project. Lessor has assumed the obligation to repay <br />the City Loan, as evidenced by the Note and secured by the Deed of Trust. <br />"City Manager" means the City Manager of the City of Pleasanton. <br />"Claims" means collectively: claims, demands, actions, causes of action, suits, judicial <br />or administrative proceedings, damages, losses, liabilities, costs, expenses (including without <br />limitation reasonable attorneys' fees), damages, penalties, deficiencies, fines, orders, charges, <br />judgments, remedial action requirements, and enforcement actions of any kind. <br />"Construction Plans" means all construction documents upon which Lessee and <br />Lessee's contractors shall rely in rehabilitating the Project (including landscaping, parking, <br />common and public areas) and shall include, without limitation, final architectural drawings, the <br />site development plan, landscaping, exterior lighting and signage plans and specifications, <br />materials specifications, final elevations, and building plans and specifications. <br />"County" means the County of Alameda, California. <br />"Commencement Date" means the date that the Memorandum is recorded in the Official <br />Records. <br />"CTCAC Regulatory Agreement" means the agreement to be executed by Lessee and <br />CTCAC that sets forth certain affordability restrictions and other terms and conditions pertaining <br />to operation of the Project, and that will be recorded against Lessee's Estate following <br />completion of rehabilitation of the Improvements and the conversion of the Senior Loan to a <br />permanent loan. <br />2 <br />4859-3312-3005v5 <br />