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7.A. - Page 132 1.1.19 "Construction Contract" means a current agreement between the Developer and its Contractor for construction of the Proj ect for a guaranteed maximum price or a stipulated price expressly set forth in such contract and in accordance with all of the terms and conditions of this Agreement. The Construction Contract shall be subject to approval by the City which approval shall not be withheld so long as it contains the obligation to comply with all applicable Laws, including prevailing wage laws, to perform in accordance with the standards set forth in this Agreement, to obtain insurance and provide evidence of all Contractor's Insurance required under this A�reement, and to defend, indemnify and hold harmless the City as provided in this Agreement. Developer shall submit the form of construction contract to City for approval during the Due Diligence Period. 1.1.20 "Construction Parkin� Pro�ram Contribution" means an amount of Fifty Thousand Dollars ($50,000) to be deposited by Developer into Escrow, and to be used by City to offset the costs of implementing a parking program to mitigate the loss of public parking spaces during the Construction Period. 1.1.21 "Construction Period" means the time period between the Close of Escrow and the issuance of a Certificate of Completion for the Project. 1.1.22 "Contractor" means a general building contractor, reasonably acceptable to the City and licensed by the State of California, under contract with the Developer to construct the Proj ect, including construction management, inspection, surveying and other professional services required for construction of all or a portion of the Project. 1.1.23 "Contractor's Insurance" means Contractor's Liability Insurance, Automobile Liability Insurance, Builder's Risk Insurance and Workers' Compensation Insurance. 1.1.24 "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether by ownership of Equity Interests, by contract or otherwise. 1.1.25 "Controllin�" and "Controlled" mean exercising or having Control. 1.1.26 "Countv" means the County of San Mateo, California. 1.1.27 "Covenant Period" means the ten (10) years commencing on the date of issuance of a Certificate of Completion for the Project. 1.1.28 "CPP' means the United States Department of Labor, Bureau of Labor Statistics "Consumer Price Index" for Urban Wage Earners and Clerical Workers (CPI-W) published for the San Francisco Metropolitan Statistical Area, with a base of 1982-1984 = 100. If the CPI ceases to be published, with no successor index, then the Parties shall reasonably agree upon a reasonable substitute index. The CPI for any date means the CPI last published before the calendar month that includes such date. 1.1.29 "CPI Adjustment Factor" means, as of any date, the greater of (a) 1.00 or (b) the CPI for such date divided by the CPI as of the Effective Date. 82483.00009\7571312.11 4 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT