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City Draft <br /> 6128/13 <br /> 1.1.19 "Canstruction Contract" means a current agreement between the <br /> Develo�er and its Contractor for construction of the Project for a guaranteed maximum 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 sha11 not be withheld so Iong as it contains the obligation ta 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 Cantractar'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 ta City for appraval <br /> during tbe Due Diligence Period. <br /> 1.1.20 "Construction Parkin��ram Contribution" means an amount of <br /> Fifly 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 parking <br /> spaces during the Cons�-uction Period. <br /> 1.1.21 "Construct�on 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 a�California, und�r contract with the Developer <br /> to construct the Project, including construction managernent, inspection, suiveying and other <br /> professional services required for construction of all or a portion of the Project. <br /> 1.1.23 "Contractor's rnsurance" means Contractor's Liability Insurance, <br /> AutomobiZe Liability lnsurance, BuiIder'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 af a Person, whether by ownership <br /> of Equity Interests,by contract or otherwise. <br /> 1.1.25 "Controllzn�"and "Controlled"rnean e�ercising or having Control. <br /> 1.1.26 "Coun "rneans the County of San Mateo, Caiifornia. <br /> 1.1.27 "Covenant Period" means the ten (10) years commencing on the date <br /> of issuance of a Certificate of Complation for the Project. <br /> 1.1.28 "CPI" aneans the United States Department of Labar, Bureau of Labor <br /> Sta�istics "Consumer Price Index" for Urban Wage Earners and Clerical Workers (CPI-W) <br /> published for the San Francisco MetropoZitan Statistical Area, with a base of 1982-1984 = X00. <br /> If the CPI ceases to be published, with no successor index,then the Parties shall reasonably agree <br /> upon a reasonable subs�itute index. The CPI for any date rneans 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 dir ided by the CPI as of the Ef£ective Date. <br /> 82483.00 00 9175 7 1 3 1 2.10 ¢ <br />