THRIVE SANTA ANA, INC. (2) - Laserfiche WebLink

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personal injury and One Million Dollars ($1,000,000) for broad form property damage, including premises -operations liability, contractor's protective liability for all subcontractors' operations, completed operations, contractual liability (referring to the indemnity provisions of the applicable construction contract(s)), and automobile liability (owned and non -owned), and for any foundation, excavation, or demolition work, an endorsement that such operations are covered and that the "XCU Exclusions" have been deleted, which insurance may be in the form of a single limit policy or policies. 2.1.13 "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether by ownership of Equity Interests, by contract or otherwise. 2.1.14 "Controlling" and "Controlled" mean exercising or having Control. 2.1.15 "County' means the County of Orange, California. 2.1.16 "CPI" means the United States Department of Labor, Bureau of Labor Statistics "Consumer Price Index" for Urban Wage Earners and Clerical Workers (CPI-W) published for the Anaheim -Santa Ana -Irvine Metropolitan Statistical Area, with a base of 1982- 1984 = 100. If the CPI ceases to be published, with no successor index, then the Parties shall reasonably agree upon a reasonable substitute index. The CPI for any date means the CPI last published before the calendar month that includes such date. 2.1.17 "CPI Adiustment Factor" means, as of any date, the greater of (a) 1.00 or (b) the CPI for such date divided by the CPI for the Commencement Date. 2.1.18 "Default" means any Monetary Default or Non -Monetary Default. 2.1.19 "Developer Official Action" means the official action of the Developer authorizing the Developer's entry into and performance of this Agreement, in substantially the form attached to this Agreement as Exhibit "D", executed by the authorized representative(s) of the Developer. 2.1.20 "Developer Parties" means, collectively, the directors, officers, employees and agents of the Developer. 2.1.21 "Developer Party" means, individually, the directors, officers, employees or agents of the Developer. 2.1.22 "Due Diligence Completion Notice" means a written Notice of the Developer delivered to the City, prior to the end of the Due Diligence Period, indicating the Developer's unconditional acceptance of the condition of the Property or indicating the Developer's rejection or conditional acceptance of the condition of the Property and refusal to execute the Lease to the Property, describing in reasonable detail the actions that the Developer reasonably believes are indicated to allow the Developer to unconditionally accept the condition of the Property.