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CiLy Dr�ft
<br /> 6128/13
<br /> ARTICLE 1
<br /> GENERAL PROVISIONS
<br /> 1.1 Defined Terrns. 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 Agreernent, 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 ather�erson, directly or
<br /> indirectly, Contro�ling 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 (includ.ing certificate(s) of occupancy}, rulings,variances, authorizations, or
<br /> amendments to any of the foregoing, as shaZl be necessary or appropriate under any Law to
<br /> commence, perform, ar complete any construction, demolition, installation, use, maintenance,
<br /> P�a1P, occupancy or operation of the Project.
<br /> 1.1.3 "Automabile Liability 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 /> rr�inimum limits for bodily injury and property dafnage of FIVE N1�LLION DOLLARS
<br /> {$5,000,000) each occurrence and TEN MILLION DOLLARS {$10,000,000) aggregate. Suc�
<br /> insurance shall be provided by a business or cornrnercial vehzcle policy.
<br /> 1.1.4 "Bankruptcv Law" means Title 11, United States Code, and any othex
<br /> or successor State or Federal statute relating �o assignment for the benefit of creditors,
<br /> appainhnent of a receiver ar trustee, bankruptcy, composirion, insolvency, rnoratorium,
<br /> reorganization, or similar matters.
<br /> 1.1.5 "Bankruptcy Proceeding" means any proceeding, whether�oluntary or
<br /> involuntary, �nder any Bankruptcy Law.
<br /> 1.1.6 `Builder's Risk Insurance" means "AlI Risk" builder's risk insarance
<br /> on a completed value (non-reporting} basis, in an amount suff cient to prevent coinsurance, but
<br /> in any event not less than �00% of replacement value, including cost of debris removal, b�t
<br /> excluding foundation and excavations, naming the City an�the Developer, as their interests may
<br /> appear. Such insurance shall also: (a}contain a waiver of subrogatio� against subcontractors;
<br /> (b)state that "permission is granted to complete and occupy"; {c) cover, for replacement value,
<br /> all rnaterials and equipment on or about any offsite storage tocation intended for use for the
<br /> Pxoject; and (d)provide for a deductible not exceeding Fifty Thousand Dollars($50,000).
<br /> 1.1.7 "CEOA" means the California Environmental Quality Act, Publ'rc
<br /> Resources Code Sectians 21000, et seq.
<br /> 1.1.8 "CEOA Document" means the EIR, and any Negative Declaration
<br /> (mxtigated or otherwise) or any other EnvironmentaZ Irnpact Report (including any addendum,
<br /> B24$3.0000917571312.10 2
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