80A - SETTLEMENT AGMT FINAL VERSION

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"Guaranty" is defined in Section 204.1(h). "Hazardous Materials" means any substance, material, or waste which is or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. "Homebuyer" means each purchaser of one of the Affordable For-Sale Units, including each member of the household comprising the purchaser. "Homebuyer Assistance Loan" is defined in Section 315.1. "Homebuyer Loan Agreement" means the agreement (including all attachments and exhibits thereto) in substantially the form attached hereto as Attachment No. 11 and incorporated herein by reference pursuant to which the Agency is to provide a Homebuyer Assistance Loan to a Homebuyer of an Affordable For-Sale Unit. "Housing Fund" is the Low and Moderate Income Housing Fund established and funded by the Agency pursuant to Section 33334.3 of the CRL. "Housing Project" or "Project" means the Developer Improvements. "Housing Units)" means the dwelling unit(s) required to be developed and operated by the Developer under this Agreement, including both the Rental Units and the For-Sale Units. "Implementation Agreement" and "Implementation Agreements" shall mean, individually and collectively, agreements entered into by the Agency and Developer (or its permitted successors and/or assigns) in order to implement and/or clarify the terms of this Agreement, which Implementation Agreements may be necessary for each Phase of the Project based on the Developer's sources of funding and financing for the development and operation of each Phase of the Project in accordance with the terms of this Agreement, as provided in Section 622 hereof. 7 DOCSOC/ 1400673 v 141200272-0001