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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 /> (u) Housing Authority: As defined in Recital A.
<br /> (v) HUD: The U.S. Department of Housing and Urban Development.
<br /> (w) 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.
<br /> (x) Impositions: All taxes, assessments, water and sewer charges, charges for
<br /> public utilities, excises, levies, license and permit fees and other charges that shall or may be
<br /> assessed, levied or imposed during the Term by any Governmental Authorities upon the Leased
<br /> Premises or any part thereof, including the buildings or improvements now or hereafter located
<br /> thereon, including without limitation, possessory interest taxes. "Impositions" shall not include
<br /> any income tax, capital levy, estate, succession, inheritance, or similar taxes of Lessor. Except
<br /> for a tax, assessment, or charge resulting from Lessee's use of the Leased Premises pursuant to
<br /> this Lease, "Impositions" shall not include any franchise tax imposed upon any owner of the fee
<br /> of the Leased Premises, or any income, profits or revenue tax, assessment or charge imposed
<br /> upon the rent or other benefit received by Lessor under this Lease by any Governmental
<br /> Authorities.
<br /> (y) Improvements: The senior affordable rental housing development
<br /> comprised of one hundred thirty-one (131) residential dwelling units to be developed on the
<br /> Land, all of which, other than one (1) Management Unit, will be restricted for occupancy by
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