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1.1.19 "Construction Contract" means a current agreement between the <br /> Developer and its Contractor for construction of the Project for a guaranteed malcimum price or a <br /> stipulated price expressly set forth in such contract and in accordance with all of the terms and <br /> conditions of this Agreement. The Construction Contract shall be subject to approval by the City <br /> which approval shall not be withheld so long as it contains the obligation to comply with all <br /> applicable Laws, including prevailing wage laws,to perform in accordance with the standards set <br /> forth in this Agreement, to obtain insurance and provide evidence of all Contractor's Insurance <br /> required under this Agreement, and to defend, indemnify and hold harmless the City as provided <br /> in this Agreement. Developer shall submit the form of construction contract to City for approval <br /> during the Due Diligence Period. <br /> 1.1.20 "Construction Parkin� Pro�ram Contribution" means an amount of <br /> Fifty Thousand Dollars ($50,000) to be deposited by'Developer into Escrow, and to be used by <br /> City to offset the costs of implementing a parking program to mitigate the loss of public pazking <br /> spaces during the Construction Period. <br /> ' 1.1.21 "Construction Period" means the time period between the Close of <br /> Escrow and the issuance of a Certificate of Completion for the Project. <br /> 1.1.22 "Contractor" means a general building contractor, reasonably <br /> acceptable to the City and licensed by the State of California, under contract with the Developer <br /> to construct the Project, including construction management, inspection, surveying and other <br /> professional services required for construction of all or a portion of the Project. <br /> 1.123 "Contractor's Insurance" means Contractor's Liability Insurance, <br /> Automobile Liability Insurance, Builder's Risk Insurance and Workers' Compensation <br /> Insurance. <br /> 1.1.24 "Control" means possession, directly or indirectly, of the power to <br /> direct or cause the direction of the management and policies of a Person, whether by ownership <br /> of Equity Interests, by contract or otherwise. <br /> 1.1.�5 "Controlling"and"Controlled"mean exercising or having Control. <br /> 1.1.26 "Countv"means the County of San Mateo,California. <br /> 1.1.27 "Covenant Period" means the ten (10) years commencing on the date <br /> of issuance of a Certif'icate of Completion for the Project. <br /> 1.1.28 "CPI" means the United States Department of Labor, Bureau of Labor <br /> Statistics "Consumer Price Index" for Urban Wage Earners and Clerical Workers (CPI-V� <br /> ' published for the San Francisco Metropolitan Statistical Area, with a base of 1982-1984 = 100. <br /> If the CPI ceases to be published, with no successor index,then the Parties shall reasonably agree <br /> upon a reasonable substitute index. The CPI for any date means the CPI last published before <br /> the calendar month that includes such date. <br /> 1.1.29 "CPI Adjustment Factor" means, as of any date, the greater of(a) 1.00 <br /> or(b) the CPI for such date divided by the CPI as of the Effective Date. <br /> 4 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />