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"Guaranty" is defined in Section 204.1(h). <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 <br />and 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 biphenyls, <br />(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to <br />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, <br />(ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act <br />(33 U.S.C. §1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource <br />Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as <br />"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, <br />Compensation, and Liability Act, 42 U.S.C. §9601 et seq. <br />"Homebuyer" means each purchaser of one of the Affordable For-Sale Units, including <br />each member of the household comprising the purchaser. <br />"Homebuyer Assistance Loan" is defined in Section 315.1. <br />"Homebuyer Loan Agreement" means the agreement (including all attachments and <br />exhibits thereto) in substantially the form attached hereto as Attachment No. 11 and incorporated <br />herein by reference pursuant to which the Agency is to provide a Homebuyer Assistance Loan to <br />a Homebuyer of an Affordable For-Sale Unit. <br />"Housing Fund" is the Low and Moderate Income Housing Fund established and funded <br />by the Agency pursuant to Section 33334.3 of the CRL. <br />"Housing Project" or "Project" means the Developer Improvements. <br />"Housing Unit(s)" means the dwelling unit(s) required to be developed and operated by <br />the Developer under this Agreement, including both the Rental Units and the For-Sale Units. <br />"Implementation Agreement" and "Implementation Agreements" shall mean, <br />individually and collectively, agreements entered into by the Agency and Developer (or its <br />permitted successors and/or assigns) in order to implement and/or clarify the terms of this <br />Agreement, which Implementation Agreements may be necessary for each Phase of the Project <br />based on the Developer's sources of funding and financing for the development and operation of <br />each Phase of the Project in accordance with the terms of this Agreement, as provided in <br />Section 622 hereof. <br />7 <br />R O C S OC/ 1400673 v 14/200272-0001