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(a) a final determination from which no appeal may be taken with respect to such determination, (b) <br />abandonment of such appeal by the Governmental Lender or the Borrower, as the case may be, or (c) one <br />year from the date of initial determination. <br />"Developer Fee" shall mean the fees and/or compensation payable to Vitus Development, LLC, a <br />Delaware limited liability company, pursuant to the Development Agreement dated December 1, 2012, <br />between Borrower and such developer, which fees and/or compensation shall not be paid prior to the <br />Conversion Date except as otherwise permitted pursuant to Section 6.13(b). <br />"Disbursement" means a disbursement of Borrower Loan Proceeds and Other Borrower Moneys <br />pursuant to this Borrower Loan Agreement. <br />"Engineer" shall mean any licensed civic, structural, mechanical, electrical, soils, environmental <br />or other engineer that Borrower may engage from time to time, with the approval of Funding Lender, to <br />perform any engineering services with respect to any portion of the Improvements. <br />"Engineer's Contract" shall mean any agreement that Borrower and any Engineer from time to <br />time may execute pursuant to which Borrower engages such Engineer to perform any engineering <br />services with respect to any portion of the Improvements, as approved by Funding Lender. <br />"Equipment" shall have the meaning given to the term "Personalty" in the Security Instrument. <br />"Equity Contributions" shall mean the equity to be contributed by the Equity Investor to <br />Borrower, in accordance with and subject to the terms of the Partnership Agreement. <br />"Equity Investor" shall mean CREA Washington Place, LLC, a Delaware limited liability <br />company, and its permitted successor and assigns in accordance with the terms of the Security Instrument <br />and the Partnership Agreement. <br />"ERISA" shall mean the Employment Retirement Income Security Act of 1974, as amended from <br />time to time, and the rules and regulations promulgated hereunder. <br />`BRISA Affiliate" shall mean all members of a controlled group of corporations and all trades <br />and business (whether or not incorporated) under common control and all other entities which, together <br />with the Borrower, are treated as a single employer under any or all of Section 414(b), (c), (m) or (o) of <br />the Code. <br />"Event of Default" shall mean any Event of Default set forth in Section 8.1 of this Borrower Loan <br />Agreement. An Event of Default shall "exist" if a Potential Default shall have occurred and be continuing <br />beyond any applicable cure period. <br />"Excess Revenues" shall have the meaning ascribed thereto in Section 2.2(e) hereof. <br />"Exchange Act" shall mean the Securities Exchange Act of 1934, as amended. <br />"Expenses of the Project" shall mean, for any period, the current expenses, paid or accrued, for <br />the operation, maintenance and current repair of the Project, as calculated in accordance with GAAP, and <br />shall include, without limiting the generality of the foregoing, salaries, wages, employee benefits, cost of <br />materials and supplies, costs of routine repairs, renewals, replacements and alterations occurring in the <br />usual course of business, costs and expenses properly designated as capital expenditures {e.g. repairs <br />which would not be payable from amounts on deposit in a repair and replacement fund held pursuant to <br />C:1UsersltadlDesktoplSanta Ana HA Washington Place $ <br />BLA.doc <br />DRAFT 11/28/12 8:41 AM <br />