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City Draft <br /> 6128/13 <br /> 1.1.34 "Critical Path Management Schedule" rneans 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 "D osit" means the initial amount of Five Hundred Thousand Dollars <br /> ($500,000} paid in inunediately available funds, to be deposited by the Develaper pursuant to <br /> Section i.2. <br /> 1.1.33 "Developer Equity Investment" means ti�e commitmen�t 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, repayrnent of which is not secured by the Site, in an amount sufficient, whe� <br /> combined with the funds available to the Developer frona the proceeds of the Loan, to pay one <br /> hundred five percent (105%) of the aggregate costs of constr�crion and installation of the <br /> Project,pursuant to the Const�ruuction Contract. <br /> 1.1.34 "Develo er Event o� Default" shall have the meaning set forth in <br /> Section 7.4.1 of this Agreernent. <br /> 1.135 "Developer Parties" means, collectively, the directors, officers, <br /> employees and agents of the Developer. <br /> L 1.36 "Developer Partv" means, individually, the directors, officers, <br /> employees or agents of the Developer. <br /> 1.1.37 "Develo er's Pro osal" means the proposal submitted by De�eloper <br /> for acquisition of the City Property and devetopment of the Site, on or about March 30, 2012, <br /> which proposals was submitted in response to a Request for Qualificarions, dated August 30, <br /> 2011,prepared and circulated by City to parties interested in developing Block 2. <br /> 1.1.38 "Develo er's Title Notice"means a written Notice frorn 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 descrihed in the Preliminary Report, or the De�elaper's disapproval <br /> of specific matters shown in Schedule B of the Prelimina.ry Report, as exceptions to coverage <br /> under the proposed Title Policy, describing in suitable detail the actions that the Developer <br /> reasona�ly believes are indicated to obta.in the Developer's approval of the state of the title to the <br /> City Prop�rty. <br /> 1.1.39 "Deveioner's Title Notice Waiver" means a written Notice from the <br /> Developer to both the City and the Escrow Agent wa'rving the De�eloper'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 uz�der the proposed Title Policy. <br /> 1.1.40 "Due Diligence Coxnpletion Notice" rneans a written Notice of the <br /> Developer delivered ta 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 /> 82483.00 00 9175 7 1 3 1 2.10 5 <br />