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time from the Construction, installation use or operation of the Development or any activities <br />conducted at, on, under or from the Property, whether or not caused by a Party. <br />1.1.29 HUD. The United States Department of Housing and Urban Development. <br />1.1.30 Income Certification Form. A certification in substantially the form of <br />Exhibit `B" attached to this Regulatory Agreement or in such other form subsequently reasonably <br />required by City. <br />1.1.31 Indemnify. Where this Regulatory Agreement states that any Indemnitor <br />shall "indemnify" any Indemnitee from, against, or for a particular Claim, that the Indemnitor shall <br />indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against such <br />Claim (alleged or otherwise). "Indemnified" shall have the correlative meaning. <br />1. 1.32 Indemnified Party. Any Person entitled to be Indemnified under the terms <br />of this Regulatory Agreement. <br />1.1.33 Indemnifying Party. A Party that agrees to Indemnify any other Person <br />under the terms of this Regulatory Agreement. <br />1.1.34 Insurance Requirements. Those certain insurance requirements that are <br />required by the City as a condition of making the Loan to the Owner attached to the Loan <br />Agreement as Attachment No. 8. The Insurance Requirements are incorporated herein by this <br />reference. <br />1.1.35 Legal Costs. In reference to any Person, all reasonable costs and expenses <br />such Person incurs in any legal proceeding (or other matter for which such Person is entitled to be <br />reimbursed for its Legal Costs), including reasonable attorneys' fees, court costs and expenses, <br />and consultant and expert witness fees and expenses. <br />1.1.36 Low Income Households. Low Income Households shall mean households <br />whose annual incomes do not exceed eighty percent (80%) of the AMI. <br />1. 1.37 Maintenance Deficiency. Defined in Section 3.5.2. <br />1.1.38 Maintenance Standard. Defined in Section 3.5.1. <br />1.1.39 Noncompliant Existing Tenants. Defined in Section 2.3. <br />1.1.40 Notice. Any consent, demand, designation, election, notice, or request <br />relating to this Regulatory Agreement, including any Notice of Default. All Notices must be in <br />writing. <br />1.1.41 Notice of Default. Any Notice claiming or giving Notice of a Default or <br />alleged Default. <br />1. 1.42 Notify. To give a Notice. <br />1.1.43 Owner Parties. Collectively, the Owner, members, directors, officers, <br />employees, agents, partners, managers and holders of Equity Interests in the Owner. <br />REV: 05-20-25 LF <br />ATTY/AGR.2025.100.3/HEART-SV (417 Stambaugh - Regulatory Agreement) (Page 7 of 35) <br />