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governmental agency, board, bureau, commission, department, court, administrative
<br />tribunal or other instrumentality or authority, and any 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 seq., 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 twenty (20) 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 />"I3IJD" means the United States Department of Housing and Urban
<br />Development and any successors or assigns thereof.
<br />"Improvements11 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/1 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, and their
<br />successors and assigns.
<br />"Loan Documents" means, collectively, this Agreement, the City/HOME
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