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1.1.30 "Critical Path Management Schedule" means the schedule to be <br /> prepared by Developer and submitted to the City during the period of construction, as provided <br /> in Section 4.6.4. <br /> 1.1.31 "Default"means any Monetary Default or Non-Monetary Default. <br /> 1.1.32 "Deposit"means the initial amount of Five Hundred Thousand Dollars <br /> ($500,000) paid in immediately available funds, to be deposited by the Developer pursuant to <br /> Section 1.2. <br /> 1.1.33 "Developer Equity Investment" means the commitment of funds by <br /> the Developer, in the form of funds that are not required to be repaid or funds loaned to the <br /> Developer, repayment of which is not secured by the Site, in an amount sufficient, when <br /> combined with the funds available to the Developer from the proceeds of the Loan, to pay one <br /> hundred five percent (105%) of the aggregate costs of construction and installation of the <br /> Project,pursuant to the Construction Contract. <br /> 1.1.34 "Develoner Event of Default" shall have the meaning set forth in <br /> Section 7.4.1 of this Agreement. <br /> 1.1.35 "Developer Parties" means, collectively, the directors, off'icers, <br /> employees and agents of the Developer. <br /> 1.1.36 "Developer Partv_" means, individually, the directors, officers, <br /> employees or agents of the Developer. <br /> 1.137 "Developer's Pzoposal" means the proposal submitted by Developer <br /> for acquisition of the City Property and development of the Site, on or about Mazch 30, 2012, <br /> which proposals was submitted in response to a Request for Quali�cations, dated August 30, <br /> 2011,prepared and circulated by City to parties interested in developing Block 2. <br /> 1.1.38 "Developer's Title Notice"means a written Notice from the Developer <br /> to both the City and the Escrow Agent indicating the Developer's acceptance of the state of the <br /> title to the City Property, as described in the Preliminary Report, or the Developer's disapproval <br /> of specific matters shown in Schedule B of the Preliminary Report, as exceptions to coverage <br /> under the proposed Title Policy, describing in suitable detail the actions that the Developer <br /> reasonably believes aze indicated to obtain the Developer's approval of the state of the title to the <br /> City Property. <br /> 1.1.39 "Developer's Title Notice Waiver" means a written Notice from the <br /> Developer to both the City and the Escrow Agent waiving the Developer's previous disapproval <br /> in the Developer's Title Notice of specific matters shown in Schedule B of the Preliminary <br /> Report, as exceptions to coverage under the proposed Title Policy. <br /> 1.1.40 "Due Dili�ence Comnletion Notice" means a written Notice of the <br /> Developer delivered to both the City and the Escrow Agent,prior to the end of the Due Diligence <br /> Period, indicating the Developer's unconditional acceptance of the condition of the City Property <br /> or indicating the Developer's rejection or conditional acceptance of the condition of the City <br /> 5 <br /> 2013.118lBLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />