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disposal, discharge, or storage of the substance), industrial hygiene, soil, groundwater, and
<br />indoor and ambient air conditions or the environmental conditions on the Project,
<br />including, without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980 [42 USCS §§ 9601 et seq.], as amended from
<br />time to time; the Hazardous Substances Transportation Act [49 USCS §§ 1801 et seq.], as
<br />amended from time to time; the Resource Conservation and Recovery Act [42 USCS §§
<br />6901 et seq.], as amended from time to time; the Federal Water Pollution Control Act [33
<br />USCS §§ 1251 et seq.], as amended from time to time; the Hazardous Substance Account
<br />Act [Health and Safety Code §§ 25300 et seq.], as amended from time to time; the
<br />Hazardous Waste Control Law [Health and Safety Code §§ 25100 et seq.], as amended
<br />from time to time; the Medical Waste Management Act [Health and Safety Code §§ 25015
<br />et seq.], as amended from time to tirne; and the Porter -Cologne Water Quality Control Act
<br />[Water Code §§ 13000 et seq.], as amended from time to time.
<br />"HUD" means the United States Department of Housing and Urban Development
<br />and any successors or assigns thereof.
<br />"Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping, trees
<br />and plant materials; and offsite improvements (including, without limitation, streets, curbs,
<br />stonn drains, and adjacent street lighting).
<br />"Iudemnitees" has the meaning set forth in Section 14.5.
<br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments,
<br />injunctions, decrees or awards of the United States or any state, county, municipality or
<br />other Governmental Authority.
<br />"Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance
<br />of any kind (including any conditional sale or other title retention agreement, any lease in
<br />the nature thereof, and any agreement to give any lien or security interest).
<br />"Limited Partner" means the Tax Credit Investor and any other Limited Partner(s)
<br />or Special Limited Partner(s) of Developer, and their successors and assigns.
<br />"Loan Documents" means, collectively, this Agreement, the City/Inclusionary
<br />Housing Program Loan Note, the City/hiclusionary Housing Program Loan Deed of Trust,
<br />the Affordability Restrictions on Transfer of Property, and any other agreement, document,
<br />or instrument that the City requires in connection with the execution of this Agreement or
<br />from time to time to effectuate the purposes of this Agreement.
<br />"Low Income" means an adjusted income that does not exceed eighty percent
<br />(80%) of the area median income for the Orange County, California PMSA, adjusted for
<br />household size, as published by HUD.
<br />"Median Income for the Area" means the median income for the Orange County,
<br />California PMSA as most recently determined by HUD. Also may be referred to
<br />5
<br />westview House
<br />City Inclusionary Housing Prognum Loan Agreement
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