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of the income of a household earning one hundred and twenty (120) percent of the Median Income <br />for the Area for for -sale units, adjusted for family size appropriate for the unit. <br />1.1.4. "Affordable Mortgage" means the monthly mortgage payment which does <br />not exceed the maximum amount applicable to Moderate Income Households. <br />1.1.5. "Agency" shall mean the Housing Authority of the City of Santa Ana, <br />acting as the Housing Successor Agency, a public body, corporate and politic, exercising <br />governmental functions and powers, and organized and existing under the California <br />Redevelopment Law. The principal office of the Agency is located at 20 Civic Center Plaza, Santa <br />Ana, California 92702. "Agency" shall also refer to the City of Santa Ana where the context <br />dictates, to the effect that the City of Santa Ana shall have or succeed to all rights granted to the <br />Agency hereunder. <br />1.1.6. "Agent" shall mean, with respect to Habitat's rights and responsibilities <br />under the Restriction, Habitat or similarly situated non-profit public benefit organization assisting <br />with providing housing for low income persons as Habitat's successors and assigns, subject to the <br />Agency's right to reasonably approve the agreement to effect such assignment or transfer. Agency <br />may permit Habitat assignments or transfers of Habitat's interests under the Restriction to an <br />Affiliate nonprofit public benefit corporation or for -profit corporation of Habitat, or to a limited <br />partnership whose general partner is a nonprofit corporation, for -profit corporation or limited <br />liability company is an Affiliate of Habitat or Habitat's general partner, which shall not be <br />unreasonably withheld. <br />1.1.7. "Certificate of Occupancy" shall mean a temporary or final certificate of <br />occupancy (or other equivalent entitlement, however designated) for the Initial Improvements. <br />1.1.8. "City" shall mean the City of Santa Ana, California, a charter city and <br />municipal corporation. "City" shall also refer to the Agency where the context dictates, to the <br />effect that the Agency shall have all the rights granted to the City hereunder. "City Council" shall <br />mean the City Council of the City of Santa Ana. <br />1.1.9. "Claims" shall mean liens, claims, demands, suits, judgments, liabilities, <br />damages, fines, losses, penalties, costs and expenses (including without limitation reasonable <br />attorneys' fees and expert witness costs, and costs of suit), and sums reasonably paid in settlement <br />of any of the foregoing. <br />1.1.10. "Effective Date" is defined in the introductory paragraph to this Lease, and <br />shall be the date on which Tenant takes possession of the Premises and is entitled to commence <br />construction pursuant to Article V, below. <br />1.1.11. "Event of Default" is defined in Section 11.1. <br />1.1.12. "Force Majeure Event" is defined in Article XIV. <br />1.1.13. "Hazardous Material(s)" is defined in Section 4.4. <br />Page13 <br />FOODIM11 <br />