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City DXaft <br /> 6/28113 <br /> t.1.�8 "Equity �nterest" means all or any part of any direct or indirect equity <br /> or ownership interest{s) (whether stock, partnership interest, beneficial interest in a trust, <br /> mernbership 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 1�57 and <br /> Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the <br /> conveyance of City Property frorn the City to the Developer,pursuant to this Agreement. <br /> 1.1.50 "Escrow Agen.t"means First American Title Company, 1737 North 1st <br /> Street, Suite SaO, Sazi 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 Sectian 3.1 of this Agreement <br /> 1.1.52 "Escrow Q�enin�te" means the frst date on which a fully executed <br /> copy of this Agreeme�rit is deposited with the Escrow Agent. <br /> 1.1.53 "Federal"means the government of the United States of America. <br /> L 1.54 "Final" means, relati�e to an Appro�al 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 l�ave been <br /> resolved to both the City's and the Developer's reasonable satisfaction and aIl appeal periods <br /> relating to any such litigation or other proceedings have expiz�ea. <br /> 1.1.55 "FIRPTA Affidavit" means an affida�it 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 A enc " means any local, state or Federal governmental <br /> agency from which any Approval rnay be required, or with any jurisdiction over the Project. <br /> 1.1.58 "Hazardous Substance" means flammable substances, explosives, <br /> radioactive mater�als, 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 I97b, 42 U.S.C. § 6901, et seq., as amended; <br /> 82483.000091757i 312.1 D 7 <br />