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DEFINITIONS; EXHIBITS <br /> 1 1 Definitions The following terms shall have the meanings set forth in the Sections <br /> referenced below whenever used in this Agreement and the Exhibits attached hereto. Additional <br /> terms are defined in the Recitals and text of this Agreement <br /> "Affordable Rent" is defined in the Regulatory Agreement <br /> "Applicable Laws" is defined in Section 5 15 <br /> "Area Median Income" is defined in the Regulatory Agreement. <br /> "Assignment and Assumption Agreement" means that certain <br /> Assignment, Assumption and Modification Agreement executed by and between <br /> MidPen and Developer, and consented to by City, pursuant to which Developer <br /> assumed the nghts and obligations of MidPen under the City HOME Note, the <br /> City HOME Loan Agreement, and the Predevelopment Note <br /> "Certificate of Completion" is defined in Section 5.12 <br /> "City's Authorized Representative" means the City Manager of the City <br /> of Pleasanton <br /> "City" means the City of Pleasanton, a municipal corporation <br /> "City Council" means the City Council of the City of Pleasanton. <br /> "City Documents"means collectively, this Agreement, the Note, the <br /> Deed of Trust, the Regulatory Agreement, the Ground Lease and the Assignment <br /> and Assumption Agreement. <br /> "City's Permitted Exceptions" is defined in Section 4.6(g) <br /> "Claims" is defined in Section 5.14 <br /> "Closing Date" or"Close of Escrow" shall be the date that escrow closes <br /> for the Loan <br /> "Conditions of Approval" is defined in Section 5 4. <br /> "Construction Plans" is defined in Section 5 6. <br /> "DDA" means that certain Disposition, Development and Loan <br /> Agreement dated as of November 5, 2013, and executed by and among the City, <br /> MidPen and the Housing Authonty of the City of Pleasanton. <br /> "Deed of Trust" is defined in Section 4 6(e) <br /> OAK#4822-6539-6013 v5 3 <br />