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"Governmental Authority" means any governmental or quasi governmental agency, board, <br />bureau, commission, department, court, administrative tribunal or other instrumentality or authority, <br />and any public utility. <br />"Governmental Requirements" means all applicable laws, ordinances, statutes, codes, <br />rules, regulations, orders, and decrees of the United States, the State of California, the County, the <br />City, or any other political subdivision with jurisdiction over property within the City, and of any <br />other political subdivision, agency, or instrumentality exercising jurisdiction over the Agency, <br />Developer or Property, including all applicable federal, state, and local occupation, safety and health <br />laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing <br />wage requirements, the City zoning and development standards, City permits and approvals, <br />building, plumbing, mechanical and electrical codes, as they apply to work undertaken pursuant to <br />this Agreement, and all other provisions of the City and its Municipal Code (as they apply to work <br />undertaken pursuant to this Agreement), and the Unruh Civil Rights Act, Civil Code § 51 et seq. <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 <br />Section 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 "hazardous <br />substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 <br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous <br />material," "hazardous substance," or " hazardous waste" under Section 25501 of the California <br />Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans <br />and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health <br />and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), <br />(v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as "hazardous <br />substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (ix) defined as <br />a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, <br />42 U.S.C. Section 6901 et seq.,(42 U.S.C. section 6903) or (x) defined as "hazardous substances" <br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and <br />Liability Act, 42 U.S.C. section 9601 et seq. <br />"HOME Program" shall mean the Title 11 of the Cranston-Gonzalez National Affordable <br />Housing Act, as amended, specifically the HOME Investment Partnership Act, 42 U.S.C. §12701, et <br />seq. and the implementing HOME Regulations at 24 CFR §92.1, et seq., as such law now exists and <br />as it may hereafter be amended, to the extent applicable to the Project. <br />"HOME Regulations" shall mean the implementing regulations of the HOME Program set <br />forth at 24 CFR §92.1, et seq. as such regulations now exist and as they may hereafter be amended, to <br />the extent applicable to the Project. Developer covenants hereunder to comply with the <br />Redevelopment Law, the NSP Requirements and all applicable HOME Regulations in the <br />performance of this Agreement and the other Project Documents, whichever are more restrictive. In <br />implementation of these requirements, this Agreement, the Project, and all eligible contributions and <br />expenditures hereunder shall conform to the following: <br />DOCSOC/ 1469583 v5/200272-0003 <br />6