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1.28 Laws. The Constitution and laws of the State of California, the Constitution and <br /> laws of the United States and all codes, statutes or executive mandates and all court decisions, <br /> state or federal, thereunder, which are applicable to the Project as herein provided. <br /> 1.29 Lender. "Lender" means a state or federally chartered bank, trust company (in its <br /> individual or trust capacity), insurance company with a financial rating of at least "A" in the then <br /> current edition of A.M. Best's Insurance Guide, credit union, savings bank (state or federal), <br /> pension, welfare or retirement fund or system, real estate investment trust, federal or state agency <br /> regularly making or guaranteeing mortgage loans, investment bank, a subsidiary of a Fortune <br /> 500 company (such as AT&T Capital Corporation or General Electric Capital Corporation) or <br /> any entity that is a wholly owned subsidiary of or is a combination of any one or more of the <br /> foregoing entities. <br /> 1.30 License Agreement for Winslow Parcel. The "License Agreement for Winslow <br /> Parcel" shall mean the agreement substantially in the form attached hereto as Exhibit E and <br /> incorporated herein by reference, and described in Section 3.5. <br /> 1.31 Loan. "Loan" means one ar more loans that the Developer may obtain from one <br /> or more Lender(s), the proceeds of which are to be used and applied solely to pay costs <br /> associated with the acquisition of the Public Access Parcels and Sliver Parcel from the City and <br /> construction and installation of the Project on the Site. <br /> 1.32 Loan Documents. "Loan Documents" means the various documents and <br /> instruments made by and between the Developer and a Lender that evidence or perfect a Loan <br /> and/or the security for repayment of such Loan. In particular, a bona fide loan commitment letter <br /> from a Lender as defined above shall be deemed to satisfy any requirement of the City hereunder <br /> for the production of Loan Documents by Developer. <br /> 1.33 Memorandum of DDA. "Memorandum of DDA" is described in Section 10.19, <br /> and attached hereto as Exhibit F. <br /> 1.34 Mort�a�e. A mortgage, deed of trust, or similar security instrument or transaction <br /> in which the Developer Property, or a portion thereof ar an interest therein, is pledged as <br /> security, contracted for in good faith and for fair value in connection with the development and <br /> use of the Site. <br /> 1.35 Mortga�ee. The holder of the beneficial interest under a Mortgage, or the owner <br /> of the Developer Property, or interest therein, under a Mortgage. <br /> 1.36 Ordinances. The ordinances, resolutions, codes, rules, regulations and official <br /> policies of City, governing the permitted uses of land, density, design, improvement and <br /> construction standards and specifications applicable to the development and use of the Site. <br /> Specifically, but without limiting the generality of the foregoing, Ordinances shall include the <br /> City's General Plan, the Precise Plan, the City's Zoning Ordinance, the City's Subdivision <br /> Ordinance, and the City's Building and Fire Codes. <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 4 of 40 <br /> 82483.00019\9644366.16 <br />