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<br /> <br /> <br />5055770.1 3 <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 /> <br />ARTICLE I <br />DEFINITIONS <br /> <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 /> <br /> <br />1.1 “Certificate of Completion” is defined in Section 3.15. <br /> <br />1.2 “City Documents” is defined in Recital F. <br /> <br />1.3 “Claims” is defined in Section 3.17. <br /> <br />1.4 “Conditions of Approval” is defined in Section 3.2. <br /> <br />1.5 “Construction Plans” is defined in Section 3.11. <br /> <br />1.6 “Environmental Laws” is defined in Section 9.4. <br /> <br />1.7 “Hazardous Materials” is defined in Section 9.3. <br /> <br />1.8 “Improvements” is defined in Section 3.9. <br /> <br />1.9 “Indemnitees” is defined in Section 3.17. <br /> <br />1.10 “Loan” is defined in Recital C and Article 4. <br /> <br />1.11 “Note” is defined in Article 4. <br /> <br />1.12 “Project” is defined in Recital B and further described in Section 3.2. <br /> <br />1.13 “Regulatory Agreement” is defined in Recital F. <br /> <br />