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"Executive Director" means the Executive Director of the Agency, or her/his designee.
<br />"Force Majeure" shall mean delays of performance by either party hereunder due to
<br />war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties;
<br />acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack
<br />of transportation; governmental restrictions or priority; litigation including, but not limited to,
<br />litigation challenging the validity of this transaction or any element thereof (except
<br />condemnation); severe weather; inability to secure necessary labor, materials or tools; delays of
<br />any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City
<br />or any other public or governmental agency or entity (other than acts or failure to act on the part
<br />of the Agency or the City shall not excuse performance by the Agency); or any other cause
<br />beyond the control, or without the fault of the party claiming an extension of time to perform;
<br />provided that notice by the party claiming such extension is sent to the other party within thirty
<br />(30) days of the commencement of the cause or event resulting in such delays. Any such
<br />extension shall 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 other
<br />political subdivision in which the Sites are located, and of any other political subdivision, agency
<br />or instrumentality exercising jurisdiction over the Agency, the Developer or the Sites.
<br />"Grant Deed" means the grand deed for each conveyance of a Site from the Agency to
<br />the Developer, in the form of Exhibit D hereto which is incorporated herein.
<br />"Hazardous Materials" means any substance, material, or waste which is or becomes,
<br />regulated by any local governmental authority, the State of California, or the United States
<br />government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste," "extremely hazardous waste," or "restricted hazardous waste under Section
<br />25115, 25117, or 25122.7, or listed pursuant to Section 25140 of the California Health and
<br />Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a
<br />"hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a
<br />"hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release
<br />Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of
<br />the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br />Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls,
<br />(viii) listed under Article 9 or Administrative Code, Division 4, Chapter 20, (ix) designated as
<br />"hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section
<br />1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.,(42 U.S.C. section 6903) or (xi)
<br />defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental
<br />Response, Compensation, and Liability Act, 42 U.S.C. section 9601 et seq.
<br />"Household Size Appropriate for the Unit," for the purpose of determining Affordable
<br />Housing Cost only, means four persons for a three bedroom Affordable Unit and five persons for
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