75A - PH MACARTHUR PLACE SOUTH - SKYLINE TOWERS

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No. 2005-064. The parties understand and acknowledge that the implementation of the Entitlements will require Subsequent Development Approvals, the approval, conditional approval or rejection of which shall be in accordance with the Applicable Rules. The word "Entitlements" shall include an interior design standard for all Residential Units of 42 dBA CNEL for purposes of attenuating noise, to be met with all of the unit's windows and doors closed. For each Element that incorporates Residential Units, a qualified acoustical consultant shall conduct an analysis demonstrating compliance with said interior noise design standard to be submitted to the City's Building and Planning Safety Agency for review and approval prior to the issuance of Utility Release(s). 2.22 "Final Design Documents" means the final design documents for the Public Art consistent with the Public Art Plans. 2.23 "Fried Portion" is defined in Section 2.43. 2.24 "Integral" means Integral Communities I, a Delaware Corporation. 2.25 "General Plan" means the General Plan of the City. 2.26 "Inclusionary Housing Fee" is defined in Section 5.1.8. 2.27 "In-Lieu Park Fee" is defined in Section 5.1.9. 2.28 "Litigation" shall mean any lawsuit or cross-action, including the legal action and/or alternative dispute resolutions described in Section 7, challenging the validity of this transaction or any Element thereof or the rights of either party hereunder and/or the rights of either party to engage in the acts and transactions contemplated by this Agreement. 2.29 "Mezzanine Lender" means a lender who provides funds for the construction of the Project, or parts thereof, and takes a security interest in an asset other than the Property or Project such as the ownership interest of the Owner in the Property or Project. 2.30 "Mortgage" means any mortgage, deed of trust, pledge, encumbrance, sale leaseback, or other security interest with respect to the Property and/or Project and/or the interests of the Owner in the Property and or Project and/or this Agreement, granted to a lender not affiliated with Owner, made in good faith and for fair value, encumbering all or any part of the Property and/or Project or Owner's interest in the Property and/or Project and/or this Agreement, given by Owner for the purpose of obtaining construction financing of the Project, or any portion thereof. 2.31 "Mortgage Parcel" is defined in Section 8.1. 2.32 "Mortgagee(s)" means (i) any institutional lender that is a mortgagee or beneficiary under a deed of trust, (ii} a Mezzanine lender and/or (iii} any person or entity acquiring fee title under a first or second mortgage who has delivered a Mortgagee Notice to the City or any transferee of the above. 2.33 "Mortgagee Notice" is defined in Section 8.2. 2.34 "Nexus" means Nexus Development Corporation/Central Division, Inc., a California Corporation. 4 DOCSOC/ l 110339v 11 /24579-0001 75A-17