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(i) "Hazardous Material" means any chemical, compound, material, mixture, or
<br />substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to
<br />any Environmental Laws (defined below) as a "hazardous substance", "hazardous material",
<br />"hazardous waste", "extremely hazardous waste", infectious waste", toxic substance", toxic
<br />pollutant", or any other formulation intended to define, list or classify substances by reason of
<br />deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The
<br />term "hazardous material" shall also include asbestos or asbestos -containing materials, radon,
<br />chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by-products,
<br />petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, or
<br />synthetic gas usable as fuel, perchlorate, and methyl tert butyl ether, whether or not defined as a
<br />hazardous waste or hazardous substance in the Environmental Laws.
<br />(ii) "Environmental Laws" means any and all federal, state and local statutes,
<br />ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations
<br />or directives, or any other requirements of governmental authorities, as may presently exist, or as
<br />may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation,
<br />use, handling, treatment, storage, transportation or disposal of Hazardous Material, or the protection
<br />of the environment or human, plant or animal health, including, without limitation, the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by
<br />the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous
<br />Materials Transportation Act (49 U. S.C. § 1801 et seq.), the Resource Conservation and Recovery
<br />Act (42 U.S.C. § 6901 etseq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 etseq.),
<br />the Clean Air Act (42 U.S.C. § 7401 etseq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et
<br />seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community
<br />Right -to -Know Act (42 U.S.C. § 11001 etseq.), the Porter -Cologne Water Quality Control Act (Cal.
<br />Water Code § 13000 et seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et
<br />seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code
<br />§ 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.),
<br />the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
<br />§ 25500 etseq.), and the Carpenter -Presley -Tanner Hazardous Substances Account Act (Cal. Health
<br />and Safety Code, Section 25300 et seq.).
<br />ARTICLE III
<br />DEFAULTS AND REMEDIES
<br />3.1 Event of Default. An Event of Default shall arise hereunder upon: (i) Borrower's
<br />material breach of any representation, warranty, covenant or obligation under this Agreement, the
<br />Note, the Deed of Trust or the Regulatory Agreement which is not cured within the time periods set
<br />forth therein, or if no time period is specified within sixty (60) days after notice thereof given by the
<br />City to Borrower, or in the case of a default for which a cure is not possible within sixty (60) days,
<br />for which a cure is not commenced within sixty (60) days and diligently prosecuted to completion;
<br />(ii) an Event of Borrower Default shall have arisen under the any other Loan Document and shall
<br />have remained uncured beyond the expiration of all applicable cure periods; or (iii) an event of
<br />default on the part of Borrower shall have arisen under any other document evidencing or securing
<br />financing for the Project or imposing occupancy, rent or other restrictions on the Project, and shall
<br />have remained uncured beyond the expiration of all applicable cure periods. Notwithstanding
<br />anything to the contrary contained herein, the City hereby agrees that any cure of any default made
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