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10/1/08 <br />"First Time Homebuyer" means an individual or an individual and his or her <br />spouse who have not owned a home during the three-year period before the purchase of <br />the Affordable Unit. A First Time Homebuyer includes an individual who is a displaced <br />homemaker or single parent who, even if while a homemaker or married, owned a home <br />with his or her spouse or resided in a home owned by the spouse. A "displaced <br />homemaker" means an individual who: (1) is an adult; (2) has not worked full-time full- <br />year in the labor force for a number of years but has, during such years, worked primarily <br />without remuneration to care for the home and family; and (3) is unemployed or <br />underemployed and is experiencing difficulty in obtaining or upgrading employment. A <br />"single parent" is defined to mean an individual who: (1) is unmarried or legally <br />separated from a spouse; and (2) has one or more minor children for whom the individual <br />has custody or joint custody, or is pregnant. <br />"Force Majeure" shall mean delays of performance by either party hereunder due <br />to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; <br />casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; <br />freight embargoes; lack of transportation; governmental restrictions or priority; litigation <br />including, but not limited to, litigation challenging the validity of this transaction or any <br />element thereof (except condemnation); severe weather; inability to secure necessary <br />labor, materials or tools; delays of any contractor, subcontractor, or supplies; acts of the <br />other party; acts or failure to act of the City or any other public or governmental agency <br />or entity (other than acts or failure to act on the part of the Agency or the City shall not <br />excuse performance by the Agency); or any other cause beyond the control, or without <br />the fault of the party claiming an extension of time to perform; provided that notice by <br />the party claiming such extension is sent to the other party within thirty (30) days of the <br />commencement of the cause or event resulting in such delays. Any such extension shall <br />be for the duration of the cause of the delay. <br />"Governmental Requirements" means all laws, ordinances, statutes, codes, rules, <br />regulations, orders and decrees of the United States ,the state, the county, the City or any <br />other political subdivision in which the Sites is located, and of any other political <br />subdivision, agency or instrumentality exercising jurisdiction over the Agency, the <br />Developer or the Sites. <br />"Grant Deed(s)" means the grant deed(s) for the conveyance of the Sites from the <br />Agency to the Developer. <br />"Hazardous Materials" means any substance, material, or waste which is or <br />becomes, regulated by any local governmental authority, the State of California, or the <br />United States government, including, but not limited to, any material or substance which <br />is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted <br />hazardous waste under Section 25115, 25117, or 25122.7, or listed pursuant to Section <br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous <br />Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the <br />California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner <br />4 <br />