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DEFINITIONS
<br />For purposes of this Agreement, the following meanings shall apply:
<br />A. "Premises" shall initially mean Parking Garages A, B, C, and D, used
<br />interchangeably with the term "Parking Facilities ". Additional Premises
<br />may be added by the City at a later date (see Exhibit A).
<br />B. "City" shall mean the City of Santa Ana, California.
<br />C. "Contract Administrator" shall mean the Deputy City Manager for
<br />Development Services who is the person on City staff that is appointed to
<br />be the contact person with regard to this Agreement, or his /her designee.
<br />D. "Fiscal Year" shall mean January 1 through December 31.
<br />E. "Gross Revenue" shall mean the total amount of all parking receipts,
<br />admission, rentals, and other fees of any nature or kind charge, received,
<br />or collected by Operator in the course of operating the Premises, whether
<br />such monies are received at the Premises or elsewhere.
<br />F. "Hazardous Materials" shall mean any and all (a) substances, products,
<br />by- products, waste, or other materials of any nature or kind whatsoever
<br />which is or becomes listed, regulated or addressed under an
<br />Environmental Law, and (b) any materials, substances, products, by-
<br />products, waste, or other materials of any nature or kind whatsoever
<br />whose presence in and of itself or in combination with other materials,
<br />substances, products, by- products, or waste may give rise to liability under
<br />any Environmental Law or any statutory or common law theory based on
<br />negligence, trespass, intentional tort, nuisance, strict or absolute liability
<br />or under any reported decisions of any state or federal court; and (c) any
<br />substance, product, by- product, waste, or any other material which may be
<br />hazardous or harmful to the air, water, soil, environment or affect
<br />industrial hygiene, occupational, health, safety and/or general welfare
<br />conditions, including without limitation, petroleum and /or asbestos
<br />materials, products, by- products or waste.
<br />G. "Management Fee" shall mean the fee that the City pays the Operator for
<br />performing those obligations set forth in the Agreement. The fee is
<br />proposed as an annual maximum fixed amount and is paid on a monthly
<br />prorated basis.
<br />H. "Reimbursable Expenses" shall mean expenses incurred by Operator for
<br />equipment or supplies, or paid to a third party vendor, which are not
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