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(u) "Member" means and refers to, individually, each Person who is a
<br />member of the HOA by virtue of such Person's ownership of a condominium interest in the
<br />Mobile Home Park.
<br />(v) "Mobile Home Park" means and refers to that certain condominium
<br />project established and described in that certain Amended Condominium Plan Rancho
<br />Mediterrania recorded in the official records of the County of San Bernardino, State of
<br />California, as document number 94285709, on June 28, 1994, and commonly referred to as the
<br />"Rancho Mediterrania Mobile Home Park."
<br />(w) "Monetary Default" means any failure by either Party to pay or deposit,
<br />when and as this Agreement requires, any amount of money, surety bond, security deposit,
<br />guaranty, letter of credit, deed of trust, mortgage or similar matter, whether to or with a Party or
<br />a third -party.
<br />(x) "Non -monetary Default" means the occurrence of any of the following,
<br />except a Monetary Default: (1) any failure of a Party to perform any of its obligations under this
<br />Agreement; (2) a Party's failure to comply with any material restriction or prohibition in this
<br />Agreement; or (3) any other event or circumstance that, with passage of time or giving of notice,
<br />or both, or neither, would constitute a default under this Agreement.
<br />(y) "Parties" means and refers, collectively, to the HOA and the Agency.
<br />(z) "Party" means and refers, individually, to either the HOA or the Agency,
<br />as applicable.
<br />(aa) "Person" means and refers to any association, corporation, governmental
<br />entity or agency, individual, joint venture, joint-stock company, limited liability company,
<br />partnership, trust, unincorporated organization, or other entity of any kind.
<br />(bb) "Record", "recorded", "recording" or "recordation" each mean and
<br />refer to recordation of the referenced document in the official records of the Recorder of the
<br />County of San Bernardino, California.
<br />(cc) "Third Person" means any Person that is not a Party, an affiliate of a
<br />Party or an elected official, shareholder, member, manager, principal, partner, employee or agent
<br />of a Party.
<br />(dd) "Unavoidable Delay" means and refers to a delay in either Party
<br />performing any of its obligations under this Agreement, except payment of money, arising from
<br />or on account of any cause whatsoever beyond the Party's reasonable control, despite such
<br />Party's reasonable diligent efforts, including industry -wide strikes, labor troubles or other union
<br />activities (but only to the extent such actions affect similar Persons at that time and do not result
<br />from an act or omission of the Party), casualty, war, acts of terrorism or riots. Unavoidable
<br />Delay shall not include delay caused by a Party's financial condition, illiquidity, or insolvency.
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