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25300, et seq.), as amended from time to time, and regulations promulgated thereunder;
<br /> (iii) asbestos; (iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined) and
<br /> their respective by- products and constituents; and (vi) any other substance, whether in the form of a
<br /> solid, liquid, gas or any other form whatsoever, which by any "Governmental Requirements" (as
<br /> defined in Subparagraph (3) of Paragraph g of this Section 3.10) either requires special handling in
<br /> its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as
<br /> "hazardous" or harmful to the environment; except the term "Hazardous Materials" shall not include
<br /> such products as are customarily used in the construction, maintenance, rehabilitation, or
<br /> management of residential developments or associated buildings and grounds, or typically used in
<br /> residential activities in a manner typical of other comparable residential developments, or substances
<br /> commonly ingested by a significant population living within the region of the Property, including
<br /> (without limitation) alcohol, aspirin, tobacco and saccharine.
<br /> (ii) The term "Hazardous Materials Contamination" shall mean
<br /> • the contamination (whether presently existing or hereafter occurring) of the improvements, facilities,
<br /> soil, groundwater, air or other elements on, in or of the Property by Hazardous Materials, or the
<br /> contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any
<br /> other property as a result of Hazardous Materials at any time (whether before or after the Date of
<br /> Agreement) emanating from the Property.
<br /> (iii) The term "Governmental Requirements" shall mean all laws,
<br /> ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the
<br /> county, the city, or any other political subdivision in which the Property is located, and of any other
<br /> political subdivision, agency or instrumentality exercising jurisdiction over the Agency, the
<br /> Developer or the Property.
<br /> (iv) The term "Environmental Claim" shall mean (i) any judicial
<br /> or administrative enforcement actions, proceedings, claims, orders (including consent orders and
<br /> • decrees), directives, notices (including notices of inspection, notices of abatement, notices of non
<br /> compliance or violation and notices to comply), requests for information or investigation instituted or
<br /> threatened by any governmental authority pursuant to any Governmental Requirement; or, (ii) any
<br /> suits, arbitrations, legal proceedings, actions or claims instituted, made or threatened that relate to
<br /> any damage, contribution, cost recovery, compensation, loss or injury resulting from the release or
<br /> threatened release (whether sudden or non - sudden or accidental or non - accidental) of, or exposure to,
<br /> any Hazardous Materials, or the violation or alleged violation of any Governmental Requirement, or
<br /> the general, manufacture, use, storage, transportation, treatment, or disposal of Hazardous Materials.
<br /> 3.11 Conditions to Disbursement of Agency Loan Proceeds.
<br /> No disbursements shall be made by the Agency pursuant to Section 3.07 unless and
<br /> until each of the following conditions precedent (the "Conditions to Disbursement ") is fulfilled to the
<br /> satisfaction of the Agency:
<br /> (a) Execution and Delivery of Documents. Developer shall have
<br /> executed and delivered to the Agency the Developer Deferred Note, Developer Construction Note,
<br /> the Developer Deferred (Second) Deed of Trust, and the Developer Construction (Third) Deed of
<br /> Trust (duly recorded among the official land records of the County of Alameda), and the License
<br /> Agreement, and any other documents and instruments required to be executed and delivered by
<br /> Developer, all in form and substance satisfactory to the Agency.
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