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<br />4859-3312-3005v3
<br />“CTCAC” means the California Tax Credit Allocation Committee.
<br />“CTCAC Rider” means the CTCAC Lease Rider that will be recorded against the Land
<br />and the Leased Premises in form approved by Lessor, Lessee, and CTCAC following completion
<br />of rehabilitation of the Improvements and the conversion of the Project construction loan.
<br />“Deed of Trust” means that certain Amended and Restated Leasehold Deed of Trust,
<br />Assignment of Rents, Security Agreement and Fixture Filing dated as of the date hereof,
<br />executed by Lessee as Trustor for the benefit of Lessor as Beneficiary and securing Lessee’s
<br />obligation to repay the City Loan.
<br />“Eden” is defined in Recital B.
<br />“Eligible Household” is defined in the Regulatory Agreement.
<br />“Environmental Laws” means all federal, state or local statutes, ordinances, rules,
<br />regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions
<br />of permits, licenses and other operating authorizations regulating, or relating to, or imposing
<br />liability or standards of conduct concerning (i) pollution or protection of the environment,
<br />including natural resources; (ii) exposure of persons, including employees and agents, to
<br />Hazardous Materials or other products, raw materials, chemicals or other substances; (iii)
<br />protection of the public health or welfare from the effects of by-products, wastes, emissions,
<br />discharges or releases of chemical substances from industrial or commercial activities; (iv) the
<br />manufacture, use or introduction into commerce of Hazardous Materials, including without
<br />limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage
<br />and disposal; or (iv) the use, release or disposal of Hazardous Materials or the remediation of air,
<br />surface waters, groundwaters or soil, as now or may at any later time be in effect, together with
<br />any regulations promulgated thereunder.
<br />“Event of Default” is defined in Article 12 of this Lease.
<br />“Governmental Authorities” means all federal, State and local governmental or quasi-
<br />governmental entities, subdivisions, agencies, authorities or instrumentalities having jurisdiction
<br />over the Leased Premises, the Improvements, Lessor or Lessee.
<br />“Hazardous Materials” means any chemical, material or substance now or hereafter
<br />defined as or included in the definition of hazardous substances, hazardous wastes, hazardous
<br />materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or
<br />contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic
<br />pollutant, or words of similar import under any local, state or federal law or under the regulations
<br />adopted or publications promulgated pursuant thereto applicable to the Leased Premises,
<br />including, without limitation: the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, 42 U.S.C. 9601, et seq. (“CERCLA”); the Hazardous Materials
<br />Transportation Act, as amended, 49 U.S.C. 5101, et seq.; the Federal Water Pollution Control
<br />Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of
<br />1976, 42 U.S.C. 6901, et seq. (“RCRA”). The term Hazardous Materials shall also include any
<br />of the following: any and all toxic or hazardous substances, materials or wastes listed in the
<br />United States Department of Transportation Table (49 CFR 172.101) or by the Environmental
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