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6.B. - Page 16 of 177 <br />(aa) "Escrow" means the escrow established with the Title Company for the <br />purpose of closing the construction financing. <br />(bb) "Extremely Low Income Household" means a household with an adjusted <br />income that does not exceed thirty percent (30%) of area median income, adjusted for actual <br />household size <br />(cc) "Financing Plan" means the Developer's plan for financing the <br />development of the Improvements in the form approved by City and attached hereto as Exhibit <br />D, approved by the City pursuant to Section 2.4, as such may be amended from time to time. <br />(dd) "Fiscal Year" shall mean the Developer's fiscal year which ends on <br />December 31, except as the Developer otherwise notifies the City in writing. <br />(ee) "Former Agency" has the meaning set forth in the first paragraph of this <br />Agreement. <br />(ff) "Gross Revenue" with respect to a particular Fiscal Year, means all <br />revenue, income, receipts, and other consideration actually received from operation and leasing <br />of the Development, including but not limited to: <br />(1) all rents, fees and charges paid by tenants, payments or other rental <br />subsidy payments received for the dwelling units, deposits forfeited by tenants, all cancellation <br />fees, price index adjustments and any other rental adjustments to leases or rental agreements <br />resulting in actual income; <br />(2) The proceeds of business interruption or similar insurance (less <br />any deductibles associated therewith not paid from Operating Expenses); <br />(3) Any payment received in consideration for the leasing or other use <br />of any portion of the Development; <br />(4) Subject to the rights of Senior Lenders, the proceeds of casualty <br />insurance to the extent not utilized to repair or rebuild the Development (or applied toward the <br />cost of recovering such proceeds); <br />(5) Subject to the rights of Senior Lenders, condemnation awards for a <br />taking of part or all of the Development for a temporary period; and <br />(6) Gross Revenue shall exclude tenants' security deposits, loan <br />proceeds, capital contributions or other similar advances. <br />(gg) "Hazardous Materials" means: <br />(1) any "hazardous substance" as defined in Section 101(14) of <br />CERCLA (42 U.S.C. Section 9601 (14)) or Section 25281(d) or 25316 of the California Health <br />and Safety Code as amended from time to time; <br />REV: 06-17-2020 PR <br />1199\09X2727850.8 <br />ATTY/AGR.2020.100(353 Main Street Apartments LP (Page 12 of 143) 45 <br />