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1.1.48 "Equity Interest" means all or any part of any direct or indirect equity <br /> or ownership interest(s) (whether stock, partnership interest, bene�cial interest in a trust, <br /> membership interest in a limited liability company, or other interest of an ownership or equity <br /> nature) in any entity, at any tier of ownership, that directly or indirectly owns or holds any <br /> ownership or equity interest in a Person. <br /> 1.1.49 "Escrow"means an escrow, as defined in Civil Code Section 1057 and <br /> Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the <br /> conveyance of City Property from the City to the Develoger,gursuant to this Agreement. <br /> 1.1.50 "Escrow Agent" means First American Title Company, 1737 North lst <br /> Street, Suite 500, San Jose, CA 951112,or such other Person mutually agreed upon in writing by <br /> the City and the Developer. <br /> 1.1.51 "Escrow Closin Date" means the date for Close of Escrow for <br /> conveyance of the City Property to the Developer as set forth in Section 3.1 of this Agreement <br /> ` 1.1.52 "Escrow Openin�Date" means the first date on which a fully executed <br /> copy of this Agreement is deposited with the Escrow Agent. <br /> ' 1.1.53 "Federal" means the government of the United States of America. <br /> 1.1.54 "Final" means, relative to an Approval or any CEQA Document, when <br /> all administrative appeal periods regarding such matter have expired, all administrative appeals <br /> or challenges regarding such matter (if any) have been resolved to both the City's and the <br /> Developer's reasonable satisfaction, all statutory periods for challenging such matter have <br /> expired, all litigation or other proceedings (if any) challenging any such matter have been <br /> resolved to both the City's and the Developer's reasonable satisfaction and all appeal periods <br /> relating to any such litigation or other proceedings have expired. <br /> 1.1.55 "FIRPTA AffidaviY' means an affidavit complying with Section 1445 <br /> ' of the United States Internal Revenue Code. � <br /> : 1.1.56 "Form 593"means a California Franchise Tax Board Form 593-C. <br /> 1.1.57 "Government Agency" means any local, state or Federal governmental <br /> agency from which any Approval may be required, or with any jurisdiction over the Project. <br /> 1.1.58 "Hazardous Substance" means flammable substances, explosives, <br /> radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls, <br /> chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous <br /> wastes, medical wastes, toxic substances or related materials, explosives, petroleum, petroleum <br /> products, and any "hazardous" or "toxic" material, substance or waste that is defined by those or <br /> similar terms or is regulated as such under any Law, including any material, substance or waste <br /> that is: (i)defined as a "hazardous substance" under Section 311 of the Water Pollution Control <br /> Act (33 U.S.C. § 1317), as amended; (ii)substances designated as "hazardous substances" <br /> pursuant to 33 U.S.C. § 1321; (iii)defined as a "hazardous waste" under Section 1004 of the <br /> Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; <br /> 7 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-2E13 PT <br />