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governmental agency, board, bureau, commission, department, court, administrative <br />tribunal or other instrumentality or authority with jurisdiction over the Property, and any <br />public utility. <br />"Hazardous Materials" means flammable materials, explosives, <br />radioactive materials, hazardous wastes, toxic substances and similar substances and <br />materials, including all substances and materials defined as hazardous or toxic wastes, <br />substances or materials under any applicable law, including without limitation the <br />Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et SeMC ., and the <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 <br />U.S.C. §§ 9601, et seq., as amended. <br />"HOME Compliance Period" is for a period of five (5) years. <br />"HOME Program" has the meaning set forth in Recital "A" above. <br />"HOME Regulations" has the meaning set forth in Recital "A" above. <br />"HUD" means the United States Department of Housing and Urban <br />Development and any successors or assigns thereof. <br />"Improvements" means all improvements and fixtures now and hereafter <br />comprising any portion of the Property, including, without limitation, landscaping, trees <br />and plant materials; and offsite improvements (including, without limitation, streets, <br />curbs, storm drains, and adjacent street lighting). <br />"Indebtedness" of a person means (a) all indebtedness for borrowed <br />money, (b) notes payable and drafts accepted representing extensions of credit, whether <br />or not representing obligations for borrowed money, (c) any obligation for the purchase <br />of property or services in excess of $10,000 in the aggregate that is (i) deferred for more <br />than six (6) months, or (ii) evidenced by a note or similar instrument, and ( d) all recourse <br />and all non-recourse indebtedness secured by any Lien on any property or asset of such <br />person (whether or not assumed by such person). <br />"Indemnitees" has the meaning set forth in Section 14.5. <br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, <br />judgments, injunctions, decrees or awards of the United States or any state, county, <br />municipality or other Governmental Authority. <br />"Lien" means any lien, mortgage, pledge, security interest, charge or <br />encumbrance of any kind (including any conditional sale or other title retention <br />agreement, any lease in the nature thereof, and any agreement to give any lien or security <br />interest). <br />"Limited Partner" means the Limited Partners of Developer, Wakeham — <br />Grant Apartments, L.P., and their successors and assigns. <br />