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10/1 /08 <br />"Date of Agreement" is set forth in the first paragraph hereof. <br />"Default" means the failure of a party to perform any action or covenant required <br />by this Agreement within the time periods set forth herein following notice and <br />opportunity to cure, as set forth in Section 501 hereof. <br />"Design Development Drawings" means those plans and drawings to be <br />submitted to the City for its approval, pursuant to Section 302 hereof. <br />"Developer" means Orange County Community Housing Corporation, a <br />California nonprofit public benefit corporation. <br />"Developer's Conditions Precedent" means the conditions precedent to the <br />Closing to the benefit of the Developer, as set forth in Section 205.2. <br />"Development" means the construction of three new single family residences and <br />associated improvements as required by this Agreement to be constructed by the <br />Developer. <br />"Environmental Laws" means a federal, state or local law, statute, ordinance or <br />regulation pertaining to environmental regulation, contamination or cleanup of any <br />Hazardous Materials including, but not limited to: (i) sections 25115, 25117, 25122.7,or <br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous <br />Waste Control Law), (ii) Section 25316 of the California Health and Safety Code, <br />Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), <br />(iii) Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 <br />(Hazardous Materials Release Response Plans and Inventory), (iv) Section 25281 of the <br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of <br />Hazardous Substances), (v) Article 9 or Article 11 of Title 22 of the California <br />Administrative Code, Division 4, Chapter 20, (vi) Section 311 of the Clean Water Act <br />(33 U.S.C. section 1317), (vii) Section 1004 of the Resource Conservation and Recovery <br />Act, 42 U.S.C. section 6901, et seq. (42 U.S.C. section 6903, (viii) Section 101 of the <br />Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. <br />section 9601 et seq., or (ix) any state or federal lien or "superlien" law, any <br />environmental cleanup statute or regulation, or any permit, approval, authorization, <br />license, variance or permission required by any governmental authority having <br />jurisdiction. <br />"Escrow" is defined in Section 202 hereof. <br />"Escrow Agent" is defined in Section 202 hereof. <br />"Exceptions" is defined in Section 203 hereof. <br />"Executive Director" means the Executive Director of the Agency, or her/his <br />designee. <br />3 <br />