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(o) "Cost Overruns"means the amount of the final costs of the JDEDZ Street <br /> improvements that exceed the Preliminary Cost Estimate but exclude any Stoneridge Drive Cost <br /> Overruns. <br /> (p) "Effective Date"is defined in Section 2.1. <br /> (q) "Final Cost Estimate" is defined in Section 3.2. <br /> (r) "Fiscal Year"means the fiscal year of City beginning on July 1 and <br /> ending on June 30 of each year. <br /> (s) "Force Majeure Event"is defined in Section 4.6. <br /> (t) "Improvement Agreement"means the agreement between the City and <br /> Costco under which Costco commits to constructing the Project Improvements,and including, <br /> without limitation the provisions specified in Attachment 6. <br /> (u) "Indemnitees"means City and its officers,officials, employees, <br /> volunteers,representatives,attorneys,and consultants. <br /> (v) "JDEDZ Approvals" is defined in Recital C. <br /> (w) "JDEDZ Street Improvements"is defined in Recital D. <br /> (x) "JDEDZ Transportation Fee"is defined in Section 3.8(c). <br /> (y) "Law(s)"means any and all applicable laws,ordinances, statutes,codes, <br /> rules, regulations, orders and decrees,of the United States, the State of California, the County of <br /> Alameda, City,or any other political subdivision in which the Site is located, and of any other <br /> political subdivision, agency or instrumentality exercising jurisdiction over City, Costco or this <br /> Agreement, including the California Environmental Quality Act, California Public Resources <br /> Code sections 21000 et. seq. ("CEQA"), CEQA guidelines,and implementing regulations(all as <br /> amended from time to time); labor laws and standards (including Prevailing Wage Laws); Public <br /> Contracts Code requirements; City's Municipal Code(including zoning and development <br /> standards; the Uniform Building Code (with City modifications)and other building, plumbing, <br /> mechanical and electrical codes; disabled and handicapped access requirements (including the <br /> Americans With Disabilities Act,42 U.S.C. section 12101, et seq., Government Code section <br /> 4450,et seq., Government Code section 11135,et seq., and the Unruh Civil Rights Act, Civil <br /> Code section 51, et seq.);and all provisions consolidating, amending, replacing. succeeding or <br /> supplementing any of the foregoing. <br /> (z) "Stoneridge Drive Cost Overruns"means design, construction and right of <br /> way costs attributable to the Stoneridge Drive and 1-680 Project that are in excess of S7,110,000. <br /> (aa) "Opening"means the date that the Costco Store opens for business for <br /> sales and services to Costco customers during normal business hours. <br /> (bb) "Party" means either the City or Costco. <br /> 4 <br /> 1310 0112218870.8 <br /> 2/7/2018 <br />