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2890662.3 4 <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br />good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, <br />the Parties agree as follows. <br />ARTICLE I <br />DEFINITIONS <br />1. Definitions. The following terms shall have the meanings set forth in the Sections <br />referenced below whenever used in this Agreement and the Exhibits attached hereto. Additional <br />terms are defined in the Recitals and text of this Agreement. <br />1.1 “Certificate of Completion” is defined in Section 3.15. <br />1.2 “City Documents”is defined in Recital F. <br />1.3 “Claims” is defined in Section 3.17. <br />1.4 “Conditions of Approval” is defined in Section 3.2. <br />1.5 “Construction Plans” is defined in Section 3.11. <br />1.6 “Environmental Laws” is defined in Section 9.4. <br />1.7 “Hazardous Materials” is defined in Section 9.3. <br />1.8 “Improvements” is defined in Section 3.9. <br />1.9 “Indemnitees” is defined in Section 3.17. <br />1.10 “Loan” is defined in Recital C and Article 4. <br />1.11 “Note” is defined in Article 4. <br />1.12 “Project”is defined in Recital B and further described in Section 3.2. <br />1.13 “Regulatory Agreement”is defined in Recital F. <br />ARTICLE II <br />REPRESENTATIONS; EFFECTIVE DATE AND TERM <br />2.1 Developer's Representations. Developer represents and warrants as follows, and <br />Developer covenants that until the expiration or earlier termination of this Agreement, upon <br />26