"CLOSING DATE" SHALL HAVE THE MEANING SET FORTH IN SECTION 6.1.
(N)
"CODE" MEANS THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
(O)
"CONSULTANTS" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.1.
(P)
"DAMAGE NOTICE" SHALL HAVE THE MEANING SET FORTH IN SECTION
12.1.
(Q)
"DEED" MEANS THE LIMITED WARRANTY DEED FOR TRANSFERRING TITLE
TO THE PROPERTY, IN THE FORM ATTACHED HERETO AS EXHIBITS B, DULY EXECUTED BY
SELLER.
(R)
"DEPOSIT" MEANS, TO THE EXTENT ACTUALLY DEPOSITED BY
PURCHASER WITH ESCROW AGENT, THE INITIAL DEPOSIT AND THE ADDITIONAL DEPOSIT.
(S)
"EFFECTIVE DATE" SHALL HAVE THE MEANING SET FORTH IN THE
PREAMBLE.
(T)
"ESCROW AGENT" MEANS FIRST AMERICAN TITLE INSURANCE COMPANY
OF NEW YORK.
(U)
"EXCLUDED PERMITS" MEANS THOSE PERMITS WHICH, UNDER
APPLICABLE LAW, ARE NONTRANSFERABLE AND SUCH OTHER PERMITS, IF ANY, AS MAY BE
DESIGNATED AS EXCLUDED PERMITS ON SCHEDULE 1.
(V)
"EXISTING SURVEY" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.2.
(W)
"FEASIBILITY PERIOD" SHALL HAVE THE MEANING SET FORTH IN
SECTION 3.1.
(X)
"FHA" SHALL HAVE THE MEANING SET FORTH IN SECTION 14.22.
(Y)
"FIXTURES AND TANGIBLE PERSONAL PROPERTY" MEANS ALL FIXTURES,
FURNITURE, FURNISHINGS, FITTINGS, EQUIPMENT, MACHINERY, APPARATUS, APPLIANCES
AND OTHER ARTICLES OF TANGIBLE PERSONAL PROPERTY LOCATED ON THE LAND OR IN THE
IMPROVEMENTS AS OF THE EFFECTIVE DATE AND USED OR USABLE IN CONNECTION WITH THE
OCCUPATION OR OPERATION OF ALL OR ANY PART OF THE PROPERTY, BUT ONLY TO THE
EXTENT TRANSFERABLE.
THE TERM "FIXTURES AND TANGIBLE PERSONAL PROPERTY" DOES
NOT INCLUDE (A) EQUIPMENT LEASED BY SELLER AND THE INTEREST OF SELLER IN ANY
EQUIPMENT PROVIDED TO THE PROPERTY FOR USE, BUT NOT OWNED OR LEASED BY SELLER,
OR (B) PROPERTY OWNED OR LEASED BY ANY TENANT OR GUEST, EMPLOYEE OR OTHER PERSON
FURNISHING GOODS OR SERVICES TO THE PROPERTY, OR (C) PROPERTY AND EQUIPMENT
OWNED BY SELLER, WHICH IN THE ORDINARY COURSE OF BUSINESS OF THE PROPERTY IS NOT
USED EXCLUSIVELY FOR THE BUSINESS, OPERATION OR MANAGEMENT OF THE PROPERTY, OR
(D) THE PROPERTY AND EQUIPMENT, IF ANY, EXPRESSLY IDENTIFIED IN SCHEDULE 1.
(Z)
"GENERAL ASSIGNMENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.2(C).
(AA)
"GOOD FUNDS" SHALL HAVE THE MEANING SET FORTH IN SECTION 2.2.1.
(BB)
"IMPROVEMENTS" MEANS ALL BUILDINGS, STRUCTURES, BUILDING SYSTEMS
AND FIXTURES, PARKING AREAS, SIDEWALKS, LANDSCAPING, FACILITIES AND IMPROVEMENTS
LOCATED ON THE LAND, INCLUDING, WITHOUT LIMITATION, EACH PROPERTY'S PLUMBING,
AIR CONDITIONING, HEATING, VENTILATION, UTILITY AND MECHANICAL SYSTEMS.
(CC)
"INITIAL DEPOSIT" SHALL HAVE THE MEANING SET FORTH IN SECTION
2.2.1.
(DD)
"INSPECTIONS" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.1(A).
(EE)
"INTERMEDIARY" SHALL HAVE THE MEANING SET FORTH IN SECTION
14.19.
(FF)
"LAND" MEANS THE TRACT OF LAND DESCRIBED ON EXHIBIT A, AND
ALL RIGHTS, TITLE AND INTEREST, IF ANY, IN AND TO APPURTENANCES PERTAINING
THERETO, INCLUDING SELLER'S RIGHT, TITLE AND INTEREST, IF ANY, IN AND TO THE
ADJACENT STREETS, ALLEYS, STRIPS, GORES AND RIGHT-OF-WAYS, SUBSURFACE AND
MINERAL DEVELOPMENT RIGHTS, AND WATER RIGHTS.
(GG)
"LEASE(S)" MEANS THE INTEREST OF SELLER IN AND TO ALL LEASES,
SUBLEASES AND OTHER