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<br />reasonably similar with respect to methods of calculation to those previously published by HUD <br />and the State. <br />(s) "Memory Impaired Resident" shall mean a Resident who has been <br />medically diagnosed with a form of dementia, such as Alzheimer's such that his or her health or <br />safety is compromised by continued independence. <br /> <br />(t) "Memory Impaired Units" shall mean the Units in the project that are <br />occupied by or, if vacant, available for occupancy by Memory Impaired Residents. <br /> <br />(u) "Project" shall mean the Developer's leasehold interest in the Property and <br />the approximately one hundred five (105) assisted units to be developed on the Property, as well <br />as any additional improvements, and all landscaping, roads and parking spaces existing thereon, <br />as the same may from time to time exist. <br /> <br />(v) "Property" shall mean that certain real property located in the City of <br />Pleasanton, County of'Alameda, California and more particularly described in Exhibit A. <br /> <br />(w) "Resident" shall mean the residents who are authorized by Developer to <br />occupy the Units and who are sixty (60) years of age or otherwise eligible for the Project under <br />the Assisted Living Laws. <br /> <br />(x) "Residential Care Facilities for the Elderly" shall have the meaning set <br />forth in 22 California Code of Regulations Section 87101. <br /> <br />(y) "Term" shall mean the term ofthis Agreement, which shall commence on <br />the date of this Agreement and shall continue until the fifty-fifth (55th) anniversary of the date of <br />this Agreement. <br /> <br />(z) "Transfer" means: <br /> <br />(I) Any total or partial sale, assignment or conveyance, or any trust or <br />power, or any transfer in any other mode or form, of or with respect to this Agreement, the <br />leasehold interest in the Property, or Project or any part thereof or any interest therein or any <br />contract or agreement to do any of the same; or <br /> <br />(2) Any total or partial sale, assignment or conveyance, or any trust or <br />power, or any transfer in any other mode or form, of or with respect to any ownership interest in <br />the Developer or any contract or agreement to do any of the same; or <br /> <br />(3) Any merger, consolidation, sale or lease of all or substantially all <br />of the assets ofthe Developer; or <br /> <br />(4) The leasing of part or all of the leasehold interest in the Property or <br />Project; provided, however, that leases of the Units to Residents shall not be deemed a "Transfer" <br />for purposes of this Agreement. <br /> <br />144\105\159081.11 with 159081.10 <br />Redline 275355 <br /> <br />4 <br />