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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 Majeurc 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 Unifonn 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 12 10 1, et seq., Government Code section <br />4450, et seq., Government Code section 1 1 135, 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 $7,110,000. <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 01\22218870.3 <br />2/7/2018 <br />