EFiled: Dec 22005 4:25PMEST S
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`ck CE
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`Transaction ID 7565506: “;:
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`EXHIBIT “A”
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`DEFINITIONS
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`As used herein, the following terms shall have the meanings set forth below
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`unless specifically indicated:
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`A.
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`“Document” means any kind of written, recorded or graphic matter,
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`whether produced, reproduced or stored on paper, cards, film, audio or video tapes,
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`electronic facsimile, computer storage device, or any other media, or any kind or
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`description, whether sent or received or neither, including, without limitation: originals,
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`copies (with or withoutnotes or changes therein) and Udrafis including, without limitation.
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`papers, books,letters, photographs, objects, tangible things, correspondence,telegrams,
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`cables, telex messages, memoranda, notes, notations, work papers, transcripts, minutes,
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`reports and recordings of telephone or other conversations,or of interview, conterences,
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`or other meetings, affidavits, statements, sunimaries, opinions, reports, studies, analyses,
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`evaluations, contracts, agreements, journals, newspaper accounts, statistical records, desk
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`calendars, appointment books,diaries,lists, tabulations, summaries, sound recordings,
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`computer printouts, data processing input and output, microfilms, all other records kept
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`by electronic, photographic or mechanical means, and things similar to the foregoing
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`however denominated by You, in the possession, custody or control of You or any
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`officer, employee, consultant, agent or counsel of or for You.
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`In the event that any document called for by this request has been destroyed or
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`discarded, that documentis to be identified as follows:
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`(1)
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`Each addressor and addressee;
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`
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`EFiled: Dec 2 2005 4:25PM EST
`Transaction ID 7565506
`
`
`
`
`
`ck CE
`
`Transaction ID 7565506: “;:
`
`EXHIBIT “A”
`
`DEFINITIONS
`
`As used herein, the following terms shall have the meanings set forth below
`
`unless specifically indicated:
`
`A.
`
`“Document” means any kind of written, recorded or graphic matter,
`
`whether produced, reproduced or stored on paper, cards, film, audio or video tapes,
`
`electronic facsimile, computer storage device, or any other media, or any kind or
`
`description, whether sent or received or neither, including, without limitation: originals,
`
`copies (with or withoutnotes or changes therein) and Udrafis including, without limitation.
`
`papers, books,letters, photographs, objects, tangible things, correspondence,telegrams,
`
`cables, telex messages, memoranda, notes, notations, work papers, transcripts, minutes,
`
`reports and recordings of telephone or other conversations,or of interview, conterences,
`
`or other meetings, affidavits, statements, sunimaries, opinions, reports, studies, analyses,
`
`evaluations, contracts, agreements, journals, newspaper accounts, statistical records, desk
`
`calendars, appointment books,diaries,lists, tabulations, summaries, sound recordings,
`
`computer printouts, data processing input and output, microfilms, all other records kept
`
`by electronic, photographic or mechanical means, and things similar to the foregoing
`
`however denominated by You, in the possession, custody or control of You or any
`
`officer, employee, consultant, agent or counsel of or for You.
`
`In the event that any document called for by this request has been destroyed or
`
`discarded, that documentis to be identified as follows:
`
`(1)
`
`Each addressor and addressee;
`
`
`
`EFiled: Dec 2 2005 4:25PM EST
`Transaction ID 7565506
`
`
`
`
`
`(ii)
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`Each indicated or blind copy;
`
`(iii)
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`The document’s date, subject matter, number of pages and
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`attachments or appendixes:
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`(iv)
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`All persons to whom the document wasdistributed, shown or
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`explained;
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`(v}
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`Its date of destruction or discard, manner of destruction or discard,
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`and reason for destruction or discard; and
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`(vi)|The person who authorized such destruction or discard,
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`B,
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`“You” or “your”shall! refer to the personor eulity producing the
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`documents requested, and all agents and representatives and all other persons acting on
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`behalf of or who have purported to act on behalf of You or any associated entities.
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`Cc.
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`Wordsin the singular include the plural, words in the plural include the
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`singular.
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`D.
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`Words in the past tense include the present tense, words in the present
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`tense include the past tense.
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`H.
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`F,
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`“And” and “or” are both conjunctive and disjunctive.
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`“Red Lion Village” is defined as the property situate on the west side of
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`Church Road, south of Route 40, and north of Red Lion Road in New Castle County,as
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`depicted on the Majur Land Development Plan for Red Lion Village, Microfilm Number
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`3087.
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`G.
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`“Sterling” is defined as the Plaintiff in this action (Sterling Property
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`Holdings, Inc., a Delaware Corporation), and the entity formerly know as Sterling
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`
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`Properties, Inc., and their owners, shareholders, directors, attorneys, agents, predecessors
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`in interest, successors and assigns.
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`DOCUMENT REQUESTS
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`1.
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`All documents, referring, reflecting or relating to any constructionplans,
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`permits, or requests for approvals, prepared for or relating to Red Lion Village.
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`2.
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`All documents, referring, reflecting or relating to any communications
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`with any governmental agency (including New Castle County) regarding Red Lion
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`Village.
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`a.
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`All documenis, referring, reflecting ur ielating to any communications
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`with any engineers, consultants, construction professionals, or any other party regarding
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`Red Lion Village.
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`4.
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`All documents, referring, reflecting or relating to any Land Development
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`Improvement Agreement (“LDIA”) applied for or submitted to New Castle County for
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`Red Lion Village.
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`5.
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`All documents, referring, reflecting or relating to any bond or performance
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`guarantee for Red Lion Village for, inter alia, sewer, drainage. detention, stormwater
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`managementfacilities, parking, curbing, paving, sidewalks, earthwork, lighting,
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`landscaping or bufferyards.
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`G,
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`All documents, referring, reflecting or relating to any preconstruction
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`meeting scheduled with New Castle Countyrelating to Red Lion Village.
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`7.
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`All documents,referring, reflecting or relating to a Planning Board
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`hearing held for Red Lion Village held on May 6, 2003.
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`
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`8.
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`All documents,referring, reflecting or relating to any alleged ex parte
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`contacts with the Planning Boardrelating to the May 6, 2003 Planning Board hearing on
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`Red Lion Village, relating to the May 20, 2003 business meeting ofthe Planning Board,
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`or relating to the June 12, 2003 decision of the Planning Board concerning Red Lion
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`Village.
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`9.
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`All documents,referring, reflecting or relating to Sterling’s alleged ability
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`io commenceconstruction of Red Lion Village on December 31, 2002.
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`10.
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`All documents,referring,reflecting or relating to Sterling’s allegation that
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`it was “ready, willing aud able to couunence construction on December 31, 2002 by
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`making road and drainage improvements to” Red Lion Village.
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`11.
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`All documents, referring, reflecting or relating to any attempt by Sterling
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`or its agents to develop Red Lion Village between 1975 and 2002.
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`12.
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`All documents, referring, reflecting or relating to any attempt by Sterling
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`of its agents to obtain approvals to develop Red Lion Village in 2002.
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`13.
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`All documents, referring, reflecting or relating to any attempt by Sterling
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`to obtain approvals to develop Red Lion Village from January 1, 2003 to the present,
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`including any attempt by Sterling to resubmit any plan in conformance with existing land
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`use regulations in New Castle County.
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`14.
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`All documents, referring, reflecting or relating to any expenditure made by
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`Sterling to begin construction of Red Lion Village, including, but not limited to,all
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`invoices, bills, and canceled checks relating to purported expenditures made.
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`
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`15.
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`All documents,referring, reflecting or relating tu any alleged
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`representation by New Castle County that Sterling would be able to commence
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`construction of Red Lion Village on or before January 1, 2003.
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`16._All documentsreferring, reflecting or relating to the ownership and
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`corporate governance of Sterling Property Holdings, Inc., including, but notlimited to,
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`copies ofall stock certificates, corporate records, minutes of annual meetings, minutes of
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`board of directors meetings, and al! corporate resolutions.
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`17.
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`All documentsreferring, reflecting or relating to the ownership and
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`corporate governance of Sterling Prupeitics, Ine., including, but not limited to, copies of
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`all stock certificates, corporate records, minutes of annual meetings, minutes of board of
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`directors meetings, and all corporate resolutions.
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`18.
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`All documentsreferring, reflecting or relating to the name change and/or
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`transfer of assets of Sterling Properties, Inc. to Sterling Property Holdings, Inc.
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