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"Developer's Representative" shall mean the Chief Executive Officer or the Managing
<br />General Partner of Developer or his/her designee.
<br />"Environmental Laws" means any federal, state or local law, statute, ordinance or
<br />regulation pertaining to environmental regulation, contamination or cleanup of any Hazardous
<br />Materials including, but not limited to: (i) sections 25115, 25117, 25122.7,or 25140 of the California
<br />Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(ii) Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-
<br />Presley-Tanner Hazardous Substance Account Act), (iii) Section 25501 of the California Health and
<br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
<br />Inventory), (iv) Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) Section 311 of the Clean Water Act (33 U.S.C.
<br />section 1317), (vi) Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. section
<br />6901, et seq. (42 U.S.C. section 6903, (vii) Section 101 of the Comprehensive Environmental
<br />Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq., or (viii) any state or
<br />federal lien or "superlien" law, any environmental cleanup statute or regulation, or any permit,
<br />approval, authorization, license, variance or permission required by any governmental authority
<br />having jurisdiction.
<br />"Event of Default" and "Default" are defined in Section 2001.
<br />"Executive Director" means, collectively, the City Manager of the City and/or the Executive
<br />Director of the Agency, and/or the authorized designee(s) of either of them.
<br />"Extremely Low Income" means an adjusted income which does not exceed thirty percent
<br />(30%) of the Area Median Income for the Orange County, California PMSA, as adjusted for
<br />household size and periodically published by HUD, as such qualifying limit is amended from time to
<br />time.
<br />"General Contractor" means the general contractor to be hired by Developer to engage and
<br />supervise the subcontractors in the performance and completion of the construction of the
<br />Improvements and all other on-site and off-site improvements required to be constructed in
<br />connection with the Project, all in accordance with the Scope of Development, the land use
<br />entitlement to be approved by City, and the approved Design Development Drawings. The General
<br />Contractor shall be reasonably acceptable to and approved by the Executive Director, in his or her
<br />reasonable discretion. [The parties acknowledge that the General Contractor will not be performing
<br />actual construction work for any portion of the Project, but instead shall hire subcontractors, who
<br />shall be reasonably approved by the Executive Director.] [confirm]
<br />"Governmental Authority" means any governmental or quasi governmental agency, board,
<br />bureau, commission, department, court, administrative tribunal or other instrumentality or authority,
<br />and any public utility.
<br />"Governmental Requirements" means all applicable laws, ordinances, statutes, codes,
<br />rules, regulations, orders, and decrees of the United States, the State of California, the County, the
<br />City, or any other political subdivision with jurisdiction over property within the City, and of any
<br />other political subdivision, agency, or instrumentality exercising jurisdiction over the Agency,
<br />Developer or Property, including all applicable federal, state, and local occupation, safety and health
<br />laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing
<br />250-11
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