Coach 2013 Annual Report Download - page 679

“Construction Lender” means, collectively, the Third Party Lender and the Coach Lender.
“Construction Loan” means, collectively, the Third Party Loan and the Coach Unit Loan.
“Construction Loan Agreement ” means, collectively, (a) that certain Building Loan and Security Agreement and that certain Project Loan and
Security Agreement, each dated as of the date hereof, by and among the Construction Lender and Legacy Tenant, and (b) that certain Mezzanine Loan and
Security Agreement, dated as of the date hereof, by and among the Construction Lender and Legacy Mezzanine.
“Construction Loan Funding Phase” has the meaning set forth in Section 10.01(h).
“Construction Management Agreement ” means that certain Construction Contract dated as of February 21, 2013, between Executive Construction
Manager, as agent for Developer, and Construction Manager, relating to the performance of the Developer Work and Base Building Work, as the same may be
amended or replaced from time to time with the approval of the Coach Member as and to the extent provided in Section 3.01(c).
“Construction Manager” means Tutor Perini Building Corp., or another construction contractor selected by Developer and approved by the Coach
Member as and to the extent provided in Section 3.01(c).
“Construction Objection Notice” has the meaning set forth in Section 9.01(a).
“Consultant” means any or all of Coach’s Consultants or Developer’s Consultants, as applicable in context.
“Contractor Warranty” has the meaning set forth in Section 9.04(a).
“Control” means the possession, directly or indirectly, of the power to direct (or cause the direction of) the management and policies of a Person,
whether through the ownership of voting securities or other ownership interest, by contract or otherwise; provided, that the fact that such power may be subject
to certain approval or veto rights in favor of one or more other Persons shall not ipso facto be deemed to mean that the Person possessing such power lacks
Control of the Person in question for purposes hereof. “Controlled” and “Controlling” each have the meanings correlative thereto.
“Cost Allocation Methodology” means the methodology for allocating Project Costs approved by the parties and attached hereto as Exhibit F. The
Cost Allocation Methodology allocates all items of Project Costs between the Coach Unit and all other Units, as set forth therein. The parties hereto have
approved the Cost Allocation Methodology.
“Defective Work” has the meaning set forth in Section 9.04(a).
“Delivery Condition” means the condition of a Block or other Major Milestone Event which meets the applicable standards set forth in Exhibit G
attached hereto.
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