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2.1.3 `Bankruptcy Law" means Title 11, United States Code, and any other
<br />or successor State or Federal statute relating to assignment for the benefit of creditors,
<br />appointment of a receiver or trustee, bankruptcy, composition, insolvency, moratorium,
<br />reorganization, or similar matters.
<br />2.1.4 "Bankruptcy Proceedine'means any proceeding, whether voluntary or
<br />involuntary, under any Bankruptcy Law.
<br />2.1.5 `Builder's Risk Insurance" means "All Risk" builder's risk insurance on
<br />a completed value (non -reporting) basis, in an amount sufficient to prevent coinsurance, but in
<br />any event not less than 100% of replacement value, including cost of debris removal, but
<br />excluding foundation and excavations, naming the City and the Developer, as their interests
<br />may appear. Such insurance shall also: (a) contain a waiver of subrogation against
<br />subcontractors; (b) state that "permission is granted to complete and occupy'; (c) cover, for
<br />replacement value, all materials and equipment on or about any offsite storage location intended
<br />for use for the Project; and (d) provide for a deductible not exceeding Ten Thousand Dollars
<br />($10,000).
<br />2.1.6 "CEOA" means the California Environmental Quality Act, Public
<br />Resources Code Sections 21000, et seq.
<br />2.1.7 "CEOA Document" means any Negative Declaration (mitigated or
<br />otherwise) or any Environmental Impact Report (including any addendum, amendment,
<br />subsequent or supplemental document) required by any Government to issue any discretionary
<br />Approval required for the Project.
<br />2.1.8 "City Manager" means the City Manager of the City or his or her
<br />designee or successor in function.
<br />2.1.9 "City Parties" means, collectively, the City, its governing body, elected
<br />officials, employees, agents and attorneys.
<br />2.1.10 "City Party" means, individually, the City, its governing body, elected
<br />officials, employees, agents or attorneys.
<br />2.1.11 "Claims" means any and all claims, losses, costs, damages, expenses,
<br />liabilities, liens, actions, causes of action (whether in tort, contract or under statute, at law, in
<br />equity or otherwise), charges, awards, assessments, fines or penalties of any kind (including
<br />consultant and expert fees and expenses, Legal Costs of counsel retained by the City Parties,
<br />expert fees, costs of staff time and investigation costs of whatever kind or nature), and
<br />judgments, including, but not limited to, claims for: (i) injury to any Person (including death
<br />at any time resulting from that injury); (ii) loss of, injury or damage to, or destruction of property
<br />(including all loss of use resulting from that loss, injury, damage, or destruction) regardless of
<br />where located, including the property of the City Parties; (iii) any workers' compensation claim
<br />or determination; (iv) any Prevailing Wage Action; or (v) any Environmental Claim.
<br />2.1.12 "Contractor's Insurance" means Contractor's comprehensive general
<br />and automobile liability insurance for not less than One Million Dollars ($1,000,000) for
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