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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.0 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 authonty, asbestos in any form,
<br /> urea formaldehyde foam insulation, transformers or other equipment which contain dielectric
<br /> fluid containing levels of polychlonnated 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 /> (v) Housing Authority As defined in Recital A
<br /> (w) HUD The U.S Department of Housing and Urban Development.
<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, inhentance, 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 fifty-four(54) residential dwelling units to be developed on the Land, all of which,
<br /> other than one (1) Management Unit, will be restricted for occupancy by Eligible Households at
<br /> Affordable Rents, including, without limitation the following- community space, parking, tenant
<br /> related space and related ancillary facilities, together with any and all replacements or
<br /> substitutions therefor or modifications thereto, in accordance with all approvals and conditions
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<br /> OAK#4834-9609-1684 v9
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