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7.A. - Page 130
<br /> ARTICLE 1
<br /> GENERAL PROVISIONS
<br /> 1.1 Defined Terms. In addition to the usage of certain words, terms or phrases that
<br /> are defined in the initial paragraph, the Recitals or in the body of this Agreement, the following
<br /> words, terms and phrases are used in this Agreement, as follows, unless the particular context of
<br /> usage of a word, term or phrase requires another interpretation:
<br /> 1.1.1 "Affiliate" of any specified Person means any other Person, directly or
<br /> indirectly, Controlling or Controlled by or under common Control with such specified Person.
<br /> 1.1.2 "Approvals" means any and all maps, licenses, permits, approvals,
<br /> consents, certificates (including certificate(s) of occupancy), rulings, variances, authorizations, or
<br /> amendments to any of the foregoing as shall be necessary or appropriate under any Law to
<br /> commence, perform, or complete any construction, demolition, installation, use, maintenance,
<br /> repair, occupancy or operation of the Proj ect.
<br /> 1.1.3 "Automobile Liabilitv Insurance" means insurance coverage against
<br /> claims of personal injury (including bodily injury and death) and property damage covering all
<br /> owned, hired and non-owned vehicles used by the Developer regarding the Project, with
<br /> minimum limits for bodily injury and property damage of FIVE MILLION DOLLARS
<br /> ($5,000,000) each occurrence and TEN MILLION DOLLARS ($10,000,000) aggregate. Such
<br /> insurance shall be provided by a business or commercial vehicle policy.
<br /> 1.1.4 `Bankruptcv Law" means Title 11, United States Code, and any other
<br /> or successor State or Federal statute relating to assignment for the benefit of creditors,
<br /> appointment of a receiver or trustee, bankruptcy, composition, insolvency, moratorium,
<br /> reorganization, or similar matters.
<br /> 1.1.5 `Bankruptcv Proceedin�" means any proceeding, whether voluntary or
<br /> involuntary, under any Bankruptcy Law.
<br /> 1.1.6 " Builder's Risk Insurance means "All Risk" builder's risk insurance
<br /> on a completed value (non-reporting) basis, in an amount sufficient to prevent coinsurance, but
<br /> in any event not less than 100% of replacement value, including cost of debris removal, but
<br /> excluding foundation and excavations, naming the City and the Developer, as their interests may
<br /> appear. Such insurance shall also: (a) contain a waiver of subrogation against subcontractors;
<br /> (b) state that "permission is granted to complete and occupy"; (c) cover, for replacement value,
<br /> all materials and equipment on or about any offsite storage location intended for use for the
<br /> Project; and (d) provide for a deductible not exceeding Fifty Thousand Dollars ($50,000).
<br /> 1.1.7 "CEQA" means the California Environmental Quality Act, Public
<br /> Resources Code Sections 21000, et seq.
<br /> 1.1.8 "CEQA Document" means the EIR, and any Negative Declaration
<br /> (mitigated or otherwise) or any other Environmental Impact Report (including any addendum,
<br /> 82483.00009\7571312.11 2
<br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM
<br /> REV: 07-19-13 PT
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