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<br />(i) “Event of Default” is described in Article 14.1 of this Ground Lease.
<br />(j) “Governmental Authorities” means any applicable federal, State or local
<br />governmental or quasi-governmental entities, subdivisions, agencies, authorities or
<br />instrumentalities having jurisdiction over the Leased Premises, the Improvements, Lessor or
<br />Lessee.
<br />(k) “Hazardous Materials” means any chemical, material or substance now
<br />or hereafter defined as or included in the definition of hazardous substances, hazardous wastes,
<br />hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances,
<br />pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air
<br />pollutant, toxic pollutant, or words of similar import under any local, state or federal law or
<br />under the regulations adopted or publications promulgated pursuant thereto applicable to the
<br />Leased Premises, including, without limitation: the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA"); the Hazardous
<br />Materials Transportation Act, as amended, 49 U.S.C. 5101, et seq.; the Federal Water Pollution
<br />Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery
<br />Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA"). The term Hazardous Materials shall also
<br />include any of the following: any and all toxic or hazardous substances, materials or wastes listed
<br />in the United States Department of Transportation Table (49 CFR 172.101) or by the
<br />Environmental Protection Agency as hazardous substances (40 CFR Part 302) and in any and all
<br />amendments thereto; oil, petroleum, petroleum products (including, without limitation, crude oil
<br />or any fraction thereof), asbestos and asbestos-containing materials, natural gas, natural gas
<br />liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a
<br />hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive,
<br />reactive, flammable, infectious or radioactive (including any source, special nuclear or by
<br />product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise
<br />hazardous and is or becomes regulated by any governmental authority; asbestos in any form;
<br />urea formaldehyde foam insulation; transformers or other equipment which contain dielectric
<br />fluid containing levels of polychlorinated biphenyl; radon gas; or any other chemical, material or
<br />substance (i) which poses a hazard to the Leased Premises, to adjacent properties, or to persons
<br />on or about the Leased Premises, (ii) which causes the Leased Premises to be in violation of any
<br />of the aforementioned laws or regulations, or (iii) the presence of which on or in the Leased
<br />Premises requires investigation, reporting or remediation under any such laws or regulations.
<br />Hazardous Materials do not include substances that are used or consumed in the normal course
<br />of constructing, developing, operating, or occupying a residential project, to the extent and
<br />degree that such substances are stored, used, and disposed of in the manner and in amounts that
<br />are consistent with normal practice and legal standards.
<br />(l) “Improvements” means the twenty-nine (29) apartment units, Navigation
<br />Center, offices for management and services staff, meeting and conference spaces, community
<br />room, laundry room, modular trailer for shower services for navigation center clients, modular
<br />trailer for office space, parking, landscaping and lighting, to be rehabilitated and constructed on
<br />the Leased Premises.
<br />(m) “Indemnitees” means Lessor and its elected and appointed officials,
<br />officers, employees, agents, contractors, representatives and volunteers.
<br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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