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(b) "Agency Contribution" means and refers to the Agency's payment
<br />towards the costs of constructing and installing the Electric Improvements of the lesser of. (1)
<br />$1,148,217; or (2) the actual costs of constructing and installing the Electric Improvements.
<br />(c) "Agency Parties" means and refers, collectively, to the Agency, its
<br />governing body, elected officials, employees, agents and attorneys.
<br />(d) "Agency Party" means and refers, individually, to the Agency, its
<br />governing body, elected officials, employees, agents and attorneys.
<br />(e) "Asphalt Contractor" is defined in Section 2.2(c).
<br />(f) "Certificate of Completion" means a certificate in substantially the form
<br />of Exhibit "D" attached to this Agreement.
<br />(g) "City" means and refers to the City of Colton, California.
<br />(h) "Claims" means and refers to any and all claims, losses, costs, damages,
<br />expenses, liabilities, liens, actions, causes of action (whether in tort or contract, at law or in
<br />equity, or otherwise), charges, awards, assessments, fines, and penalties of any kind (including
<br />consultant and expert expenses, court costs, reasonable attorneys fees, consultant and expert fees,
<br />and investigation costs, of whatever kind or nature), and judgments.
<br />(i) "Effective Date" means and refers to the first date on which all of the
<br />following have occurred: (1) the Agency has received three (3) counterpart originals of this
<br />Agreement executed by the authorized representative(s) of the HOA, (2) the Agency has
<br />received a certified copy of the HOA Official Action, executed by the authorized
<br />representative(s) of the HOA, (3) this Agreement has been approved by the Agency's governing
<br />body, (4) this Agreement has been executed by the authorized representative(s) of the Agency,
<br />and (5) a fully executed copy of this Agreement has been delivered to the HOA.
<br />0) "Electric Contractor" is defined in Section 2.2(b).
<br />(k) "Electric Improvements" means and refers to those certain capital
<br />infrastructure improvements specifically described in Exhibit "C" attached to this Agreement.
<br />(1) "Environmental Laws" means and refers to all federal, state, local, or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of
<br />any governmental authority regulating, relating to, or imposing liability or standards of conduct
<br />concerning any Hazardous Substance, or pertaining to occupational health or industrial hygiene
<br />(to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations
<br />relating to any Hazardous Substance on, under, or about the Property), occupational or
<br />environmental conditions on, under, or about the Property, as now or may, at any later time, be in
<br />effect, including, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980 ("CERCLA") [42 U.S.C. Section 9601 et seq.]; the
<br />Resource Conservation and Recovery Act of 1976 ("RCRA") [42 U.S.C. Section 6901 et seq.];
<br />the Clean Water Act, also known as the Federal Water Pollution Control Act ("FWPCA") [33
<br />U.S.C. Section 1251 et seq.]; the Toxic Substances Control Act ("TSCA") [15 U.S.C. Section
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