|
(except an involuntary Bankruptcy Proceeding dismissed within sixty (60) days after
<br />commencement), or a custodian or trustee is appointed to take possession of, or an attachment,
<br />execution or other judicial seizure is made with respect to, substantially all of the Developer's
<br />assets or the Developer's interest in this Agreement (unless such appointment, attachment,
<br />execution, or other seizure was involuntary and is contested with diligence and continuity and
<br />vacated and discharged within sixty (60) days).
<br />(d) Transfer. The occurrence of a Transfer, other than a Permitted
<br />Transfer, whether voluntarily or involuntarily or by operation of Law, in violation of the terms
<br />and conditions of this Agreement.
<br />(e) Non -Monetary Default. Any Non -Monetary Default, other than
<br />those specifically addressed in Sections 2.1.28(b) through 2.1.28(d), that is not cured within
<br />thirty (30) days after Notice to the Developer describing the Non -Monetary Default in
<br />reasonable detail, or, in the case of a Non -Monetary Default that cannot with reasonable due
<br />diligence be cured within thirty (30) days after such Notice, if the Developer does not do all of
<br />the following: (i) within thirty (30) days after the City's Notice, advise the City of the
<br />Developer's intention to take all reasonable steps to cure such Non -Monetary Default; (ii) duly
<br />commence such cure within such period, and then diligently prosecute such cure to completion;
<br />and (iii) complete such cure within a reasonable time under the circumstances.
<br />2.1.29 "Federal" means the government of the United States of America.
<br />2.1.30 "Final" means, relative to an Approval or any CEQA Document, when
<br />all administrative appeal periods regarding such matter have expired, all administrative appeals
<br />or challenges regarding such matter (if any) have been resolved to both the City's and the
<br />Developer's reasonable satisfaction, all statutory periods for challenging such matter have
<br />expired, all litigation or other proceedings (if any) challenging any such matter have been
<br />resolved to both the City's and the Developer's reasonable satisfaction and all appeal periods
<br />relating to any such litigation or other proceedings have expired.
<br />2.1.31 "Hazardous Substance" means flammable substances, explosives,
<br />radioactive materials, asbestos, asbestos -containing materials, polychlorinated biphenyls,
<br />chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous
<br />wastes, medical wastes, toxic substances or related materials, explosives, petroleum, petroleum
<br />products, and any "hazardous" or "toxic" material, substance or waste that is defined by those
<br />or similar terms or is regulated as such under any Law, including any material, substance or
<br />waste that is: (i) defined as a "hazardous substance" under Section 311 of the Water Pollution
<br />Control Act (33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous
<br />substances" pursuant to 33 U.S.C. § 1321; (iii) defined as a "hazardous waste" under Section
<br />1004 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as
<br />amended; (iv) defined as a "hazardous substance" or "hazardous waste" under Section 101 of
<br />the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-
<br />called "superfund" or "superlien" law; (v) defined as a "pollutant" or "contaminant" under 42
<br />U.S.C.A. § 9601(33); (vi) defined as "hazardous waste" under 40 C.F.R. Part 260; (vii) defined
<br />as a "hazardous chemical" under 29 C.F.R. Part 1910; any matter within the definition of
<br />7
<br />75A-12
<br />
|