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10.7 ~_t~0_0~. For purposes of this Agreement, the following terms shall have the
<br />meal~in~s given below:
<br /> (a) "Mortgage" shall ~"~y'~0rtgage, deed of frost, sale and leaseback
<br />mangement, financing lease, indenture, trust agreement, reimbarsement agreement, certificate of
<br />llllrticipation, collateral assignment, Or other agreement, certificate, or instrument (including,
<br />witho~ limitation, any derivative agreement, swap, hedge, forward purchase, bond security, or
<br />any other instrument relating to any of the foregoing), or any other transaction creating or
<br />evidencing a security interest in, encumbrance upon, securitization of, or lien against (a) the
<br />Property or any portion thereof or interest therein, (b) this Agreement or the other Project
<br />Approvals, or any interest of Property Owner therein, (c) any ownership interest in or security of
<br />Propert~ Owner in the Property, or (d) any income, rentals, revenue, profits, or other proceeds
<br />derived from Property Owner's ownership, operation, leasing, sale, or transfer of the Property or
<br />any of the improvements thereon, any portion thereof, or any interest therein, whether as security
<br />for the repayment of a loan or other performance of any obligation or as the creation of fractional
<br />undivided interests that are sold or pledged, directly or indirectly, or that are negatively pledged,
<br />in order to finance, or refinance, directly or indirectly, any costs of Property Owner's incurred in
<br />connection with Property Owner's development of the Property under this Agreement and the
<br />other Project Approvals.
<br /> 00) "Mortgagee" shall mean the holder of a Mortgage or of any beneficial
<br /> interest therein, and shall include, withoul limitation, any instu~r or guarantor of a Mortgage, or
<br /> of any obligation or condition secured by such Mortgage, as well as a person holding an interest
<br /> in a Mortgage by way of collateral assignment securing the performance of an obligation of the
<br /> holder of such Mortgage, to the extent provided in such collateral assignment.
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<br />ARTICLE 11.
<br />
<br /> QENERAL PROVISIONS
<br /> 11.1 Project Is a Private Uudertakin~. The development contemplated by this
<br />Development Agreement is a private development. Properly Owner shall have full power over
<br />and the exclusive control of the Property herein described subject only to the limitations and
<br />obligations of the Property Owner under this Development Agreement.
<br /> 11.2 N9 A~encv- Joint V~nmre or Parmershil~. The Parties renounce the existence of
<br />any form of agency relationship, joint venture, or partnership between City and Property Owner
<br />and nothing contained herein or in any document executed in connection herewith shall be
<br />consmied as creating any such legal relationship. Not in limitation of the foregoing, City shall
<br />have no responsibility for, or duty to, third parties concerning any improvements associated with
<br />the Project until such time that City accepts same pursuant to this Agreement or in connection
<br />with the Project Approvals.
<br /> 11.3 Liability and Hold Harmless. Properly Owner hereby agrees to and shall hold
<br /> City harmless from any liability for damage or claims for damage for personal injury, including
<br /> death, as well as from claims for property damage which may arise from the Property Owner's
<br /> operations under this Agreement, excepting suits and actions brought by the Property Owner for
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