Delaware Code > Title 6 > Article 2A

		Sections
Part 1	General Provisions	2A-101 – 2A-109
Part 2	Formation and Construction of Lease Contract	2A-201 – 2A-221
Part 3	Effect of Lease Contract	2A-301 – 2A-311
Part 4	Performance of Lease Contract: Repudiated, Substituted and Excused	2A-401 – 2A-407
Part 5	Default	2A-501 – 2A-532

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Terms Used In Delaware Code > Title 6 > Article 2A - Leases

Abandoned cemetery: shall mean a cemetery where there is no owner of record in the respective county's recorder of deeds records. See Delaware Code Title 29 Sec. 7902A
Acknowledgment: shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. See Delaware Code Title 29 Sec. 4321
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affiliated corporations: means 2 or more corporations which are members of a controlled group of corporations as defined in § 1563 of the Internal Revenue Code of 1954 [26 U. See Delaware Code Title 30 Sec. 6301
Affiliated finance company: means a corporation substantially all of whose activity within this State is limited to the issuance of commercial paper or other debt obligations and use of the proceeds to make loans to 1 or more of its affiliated corporations or to purchase receivables from 1 or more of its affiliated corporations. See Delaware Code Title 30 Sec. 6301
Affiliated group: has the meaning provided by § 1504 of the Internal Revenue Code [26 U. See Delaware Code Title 30 Sec. 6401
Affirmation: shall mean a promise of truthfulness that is a solemn, spoken pledge on one's own, personal honor without reference to a Supreme Being. See Delaware Code Title 29 Sec. 4321
agency: as used in this chapter , shall include every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. See Delaware Code Title 29 Sec. 6101
agency: includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State. See Delaware Code Title 29 Sec. 7001
agency: when used in this chapter. See Delaware Code Title 29 Sec. 7101
agency: means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law. See Delaware Code Title 29 Sec. 9301
Agency: means any agency, board, department, bureau or commission of this State which receives an appropriation under the general appropriation act of the General Assembly. See Delaware Code Title 29 Sec. 5901
Agency: includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. See Delaware Code Title 29 Sec. 6301
Agency: means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial. See Delaware Code Title 29 Sec. 502
Allegation: something that someone says happened.
Alteration: means any modification or renovation of a facility which involves a structural change. See Delaware Code Title 29 Sec. 7302
Amortization: Paying off a loan by regular installments.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved medical leave: means a leave of absence from employment, without pay, for a definite period of time, authorized by the employer, and necessitated by the employee's mental and/or physical condition. See Delaware Code Title 29 Sec. 5551
Arrest: Taking physical custody of a person by lawful authority.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attack: means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes. See Delaware Code Title 29 Sec. 7803
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorization act: means an act of the General Assembly, concurred in by 3/4 of all the members of each House, appropriating funds of the State from the proceeds of bonds authorized to be issued by such act. See Delaware Code Title 29 Sec. 7401
Authorized player: means an individual, who is not prohibited by this subchapter, that participates in an interactive fantasy sports contest offered by a registrant. See Delaware Code Title 29 Sec. 4862
Bankruptcy: means an event that causes a person to cease to be a member as provided in § 18-304 of this title. See Delaware Code Title 6 Sec. 18-101
Bequest: Property gifted by will.
Bingo: means a game of chance played for prizes with cards bearing numbers or other designations, 5 or more in 1 line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card. See Delaware Code Title 28 Sec. 1524
Board: means the Architectural Accessibility Board. See Delaware Code Title 29 Sec. 7302
Board: means the Cemetery Board established in this chapter. See Delaware Code Title 29 Sec. 7902A
Board: means the Delaware Board of Charitable Gaming;

(2) "Districts" means those districts mentioned in article II, § 17A or § 17B of the state Constitution;

(3) "Game or games" means bingo, instant or sealed game, and charitable gaming;

(4) "Members-only game" means any game of chance open for participation only to members of the sponsoring organization;

(5) "Organization" means a veterans', religious or charitable organization, volunteer fire company or fraternal society as defined in article II, § 17A or § 17B of the state Constitution. See Delaware Code Title 28 Sec. 1502
Board: shall mean the Board of Pension Trustees established by § 8308 of this title. See Delaware Code Title 29 Sec. 5551
Board: means the Merit Employee Relations Board created by this chapter. See Delaware Code Title 29 Sec. 5901
Board member: means a member of the Board. See Delaware Code Title 29 Sec. 5901
board of assessment: shall be construed to mean the "department of finance" insofar as Sussex County is concerned and "Office of Finance" insofar as New Castle County is concerned. See Delaware Code Title 9 Sec. 501
Bonds: means any bonds authorized to be issued by the State pursuant to an authorization act and to the payment of which the State has pledged its full faith and credit. See Delaware Code Title 29 Sec. 7401
Bonds: means any bonds authorized to be issued by the State pursuant to a school construction bond authorization act. See Delaware Code Title 29 Sec. 7501
Budget: includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise. See Delaware Code Title 29 Sec. 6301
business: means any lawful activity, except a farm operation, conducted primarily:

a. See Delaware Code Title 29 Sec. 9301
by chance: includes circumstances whereby a person is guaranteed to receive merchandise or anything of value and at the time of the offer or purported offer the telemarketer does not identify the specific item that the person will receive. See Delaware Code Title 6 Sec. 2502A
Cemetery: shall mean land or structure used or intended to be used for the interment/entombment of human remains including facilities used for the final disposition of cremated remains. See Delaware Code Title 29 Sec. 7902A
certification: means or refers to the written determination of the Director of Revenue issued to a corporation that it qualifies as a Headquarters Management Corporation pursuant to the provisions of this chapter. See Delaware Code Title 30 Sec. 6401
Certified takeoff weight: means the maximum weight contained in the type certificate or airworthiness certificate. See Delaware Code Title 30 Sec. 2901
charitable gaming: means any game or scheme operated by an organization which has been in existence 2 years or longer in which chance is the dominant factor in the game, a consideration is paid to play and a prize may be won, excluding slot machines, roulette, craps or baccarat games. See Delaware Code Title 28 Sec. 1527
Charitable gaming organization: shall mean an organization, in existence as of January 1, 2013, that is a fraternal or veterans organization with national affiliation or an organization, in existence as of January 1, 2013, whose membership consists primarily of veterans honorably discharged or active duty service members. See Delaware Code Title 29 Sec. 4803
Charitable video lottery machine: shall mean a video lottery machine that is under the control of the State Lottery Office and that has been authorized by the Director to be placed at a location operated by a charitable gaming organization. See Delaware Code Title 29 Sec. 4803
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
Clerk of the peace: means the clerk of the peace of the county in which the suburban community is situated. See Delaware Code Title 9 Sec. 501
CMS: means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. See Delaware Code Title 30 Sec. 6501
Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Delaware Code Title 6 Sec. 2A-103
Commission: means the State Public Integrity Commission. See Delaware Code Title 29 Sec. 5831
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
comparable replacement dwelling: means any dwelling that is:

a. See Delaware Code Title 29 Sec. 9301
Compensation: shall mean all salary, wages and fees, including overtime payments and special payments for extra duties, payable to a member for service credited under paragraph (4)a. See Delaware Code Title 29 Sec. 5551
Compensation: means any money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by such person or another. See Delaware Code Title 29 Sec. 5831
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for personal, family, or household purposes. See Delaware Code Title 6 Sec. 2A-103
contest: means an online simulated game of skill wherein 1 or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of players whose performance directly corresponds with the actual performance of competitors on sports teams and in sports contests. See Delaware Code Title 29 Sec. 4862
contiguous: means land adjoining or touching other property held by the same or related organization. See Delaware Code Title 30 Sec. 6501
Contribution: means any cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in the capacity as a partner. See Delaware Code Title 6 Sec. 17-101
control relationship: means that the finished petroleum products wholesaler directly or indirectly controls the wholesaler, the wholesaler directly or indirectly controls the finished petroleum products wholesaler or the finished petroleum products wholesaler and the wholesaler are directly or indirectly controlled by the same person. See Delaware Code Title 30 Sec. 2901
controls: shall mean the direct or indirect ownership by 1 person of 100% of the stock or ownership interest in another person;

14. See Delaware Code Title 30 Sec. 2901
Corporation: includes a joint stock company or any association which is taxable as a corporation under the federal income tax law. See Delaware Code Title 30 Sec. 1901
Corridor route: means any existing or proposed road in an urban or rural area which is classified as part of the "principal arterial highway system" as defined in the National Highway Functional Classification Studies on record with the Department and which serves traffic corridor movements of substantial statewide or interstate travel and as to which the concept of service to abutting land is subordinate to the provisions of travel service to major traffic movements. See Delaware Code Title 29 Sec. 8402
County government: means the county governing body of each county. See Delaware Code Title 9 Sec. 501
Credible witness: means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity. See Delaware Code Title 29 Sec. 4321
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit slip: shall mean the receipt generated by a video lottery terminal when a player is playing that particular video lottery terminal, or the ticket resulting from a sports lottery game. See Delaware Code Title 29 Sec. 4803
Credited service: shall mean , for any individual:

a. See Delaware Code Title 29 Sec. 5551
Criteria established by the agency: as used in this chapter , shall mean those criteria established and approved pursuant to the relevant provisions of 49 C. See Delaware Code Title 29 Sec. 9301
Customer: means a person who is or may be required to pay for merchandise offered through telemarketing by a seller, telemarketer or telemarketing business. See Delaware Code Title 6 Sec. 2502A
Declared state of emergency: means a disaster or emergency event:

a. See Delaware Code Title 30 Sec. 3101
Department: means the Department of Finance. See Delaware Code Title 30 Sec. 101
Department: means Department of Health and Social Services. See Delaware Code Title 29 Sec. 7902A
Department: means the Department of Transportation. See Delaware Code Title 29 Sec. 8402
Department: means Department of Transportation. See Delaware Code Title 30 Sec. 5202
Dependent: A person dependent for support upon another.
Deputy: means an assistant or other subordinate officer who is authorized by law to exercise the powers and discharge the duties of a state or political subdivision office. See Delaware Code Title 29 Sec. 7803
Deputy Secretary: means the Deputy Secretary of the Department of Transportation. See Delaware Code Title 29 Sec. 8402
Devise: To gift property by will.
DHSS: means the Delaware Department of Health and Social Services. See Delaware Code Title 30 Sec. 6501
Director: means the Director of the Transportation Authority and/or the Director of the Division of Highways and/or the Director of the Office of Administration. See Delaware Code Title 29 Sec. 8402
Director: means the Director of the Division of Revenue or the Secretary of Finance of the State. See Delaware Code Title 30 Sec. 502
Director: as used in this subchapter refers to the Director of the Division of Consumer Protection and includes any designee. See Delaware Code Title 29 Sec. 2517
Director: as used in this subchapter , shall mean the Director of the State Lottery Office. See Delaware Code Title 29 Sec. 4803
Director: means the Director of the Delaware Division of Gaming Enforcement. See Delaware Code Title 29 Sec. 4862
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
displaced person: means : any person who moves from real property, or moves personal property from real property:

1. See Delaware Code Title 29 Sec. 9301
Distressed cemetery: means any land or structure used or intended to be used for the interment/entombment of human remains including facilities used for the final disposition of cremated remains whereby the owner lacks sufficient financial resources for the maintenance or preservation of said cemetery as determined by the Board. See Delaware Code Title 29 Sec. 7902A
Division: means the Division of Highways. See Delaware Code Title 29 Sec. 8402
Division: means the Delaware Division of Gaming Enforcement. See Delaware Code Title 29 Sec. 4862
Division of Revenue: means the Division of Revenue of the Department of Finance of the State. See Delaware Code Title 30 Sec. 502
Docket: A log containing brief entries of court proceedings.
Document: means :

a. See Delaware Code Title 6 Sec. 17-101
Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (Chapter 12A of Title 6). See Delaware Code Title 29 Sec. 4321
dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
Donor: The person who makes a gift.
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 29 Sec. 4321
Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Delaware Code Title 29 Sec. 4321
electronic notary: means a notary public who has been commissioned by the Secretary with the capability of performing electronic notarial acts under this chapter. See Delaware Code Title 29 Sec. 4321
electronic seal: means information within a notarized electronic document that confirms the notary's name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents. See Delaware Code Title 29 Sec. 4321
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. See Delaware Code Title 29 Sec. 4321
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency event: means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. See Delaware Code Title 29 Sec. 7803
Emergency interim successor: means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is appointed or elected and qualified as may be provided by the Delaware Constitution, statutes, charters, or ordinances or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
Emergency period: means a period that begins within 5 days of the first day of a declared state of emergency and that extends for a period of 60 calendar days after the end of such declared state of emergency, unless a longer period is authorized as provided herein. See Delaware Code Title 30 Sec. 3101
Emergency-related work: means repairing, renovating, installing, building, rendering services or other business activities relating to infrastructure that may be or has been damaged, impaired or destroyed during the emergency period. See Delaware Code Title 30 Sec. 3101
employee: as used in this chapter shall exclude all designated faculty and designated professional staff of the University of Delaware who are first employed by the University after June 1, 1970. See Delaware Code Title 29 Sec. 5505
Employee: shall mean :

a. See Delaware Code Title 29 Sec. 5551
Employee organization: shall mean any organization that admits or seeks to admit to membership employees of a Delaware video lottery agent and that has as a purpose the representation of such employees in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment, or conditions of work. See Delaware Code Title 29 Sec. 4803
Employer: shall mean a county or municipality, including state governmental subdivisions, Delaware State Housing Authority, volunteer ambulance companies, and volunteer fire companies, in Delaware which has affiliated with the Fund established by Chapter 55 of this title as provided in § 5555 of this title. See Delaware Code Title 29 Sec. 5551
Employer: means any person on whose behalf a lobbyist acts. See Delaware Code Title 29 Sec. 5831
Entertainment event: shall mean any form of circus or carnival, stage play, variety show, concert, magic, puppet or mime show, pageant, musical or similar type of public entertainment program other than combative sports, wrestling, racing and outdoor music festivals. See Delaware Code Title 28 Sec. 929
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entry fee: means cash or cash equivalent that is paid by an authorized player or an authorized Delaware player to a registrant to participate in an interactive fantasy sports contest offered by such registrant. See Delaware Code Title 29 Sec. 4862
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Ex officio: Literally, by virtue of one's office.
Expenditures: includes any outlay of public moneys by authority of any law of this State and includes the expenditure of any appropriation authorized by the General Assembly of the State. See Delaware Code Title 29 Sec. 6301
Facility: means any building, structure, installation or improved area of any nature whatsoever or any part thereof, which is utilized or held out for use by the public, and shall include, but not be limited to:

a. See Delaware Code Title 29 Sec. 7302
farm operation: means any activity conducted solely or primarily for the production of 1 or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Delaware Code Title 29 Sec. 9301
Fault: means wrongful act, omission, breach, or default. See Delaware Code Title 6 Sec. 2A-103
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Feedstock petroleum products: means 1 or more petroleum products that have been partially refined that are used as raw materials at the beginning of a refining process operated by a petroleum product refiner. See Delaware Code Title 30 Sec. 2901
Feedstock wholesaler: means every person engaged, as owner or agent, in the business of selling or exchanging for cash or barter or any consideration (i) crude oil to or with a petroleum product refiner or another feedstock wholesaler, or (ii) feedstock petroleum products to or with a petroleum product refiner or another feedstock wholesaler for the purpose of refining and resale by a petroleum product refiner, and includes without limitation crude oil and feedstock petroleum products sold or exchanged through pipelines, warehouses or other storage facilities and distribution depots of persons whose principal place of business is located inside or outside of the State. See Delaware Code Title 30 Sec. 2901
Final average compensation: shall mean 1/6 0 of the compensation paid to an employee during any period of 60 consecutive months or any 60 months comprised of 5 periods of 12 consecutive months in his or her years of credited service in which his or her compensation was highest. See Delaware Code Title 29 Sec. 5551
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
Finance lease: means a lease with respect to which:

(i) The lessor does not select, manufacture or supply the goods;

(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

(iii) One of the following occurs:

(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing

(1) Of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person,

(2) That the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and

(3) That the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Delaware Code Title 6 Sec. 2A-103
Finished petroleum products: means 1 or more petroleum products that have been refined by a petroleum product refiner and that are of a type offered for sale by a petroleum product refiner to its customers in the ordinary course of business, including, but not limited to asphalt, distillate fuel oil (including all grades of diesel fuel and fuel oils), finished aviation gasoline, finished motor gasoline, kerosene, jet fuel (both kerosene-type and naphtha-type jet fuel), naphthas of all boiling ranges, other oils with boiling range equal to or greater than 401° Fahrenheit, petrochemical feed stocks, petroleum coke, residual fuel oils, road oils, still gas, wax and other miscellaneous petroleum products, including, but not limited to petrolatum, lube refining by products, absorption oils, ram-jet fuel, petroleum rocket fuels, synthetic natural gas feed stocks and specialty oils. See Delaware Code Title 30 Sec. 2901
Finished petroleum products wholesaler: means every person engaged, as owner or agent, in the business of buying from a petroleum product refiner finished petroleum products for cash or barter or any consideration for the purpose of further resale by the finished petroleum products wholesaler to a wholesaler or to a petroleum product refiner, and includes without limitation finished petroleum products sold or exchanged through pipelines, warehouses or other storage facilities and distribution depots of persons whose principal place of business is located inside or outside this State. See Delaware Code Title 30 Sec. 2901
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Forbearance: A means of handling a delinquent loan. A
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fund: means the money collected as provided here in for maintenance or preservation of a distressed cemetery. See Delaware Code Title 29 Sec. 7902A
Fund: shall mean the Fund established by § 5593 of this title. See Delaware Code Title 29 Sec. 5551
Gaming area: shall mean a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games. See Delaware Code Title 29 Sec. 4803
Gaming employee: shall mean a person employed in the operation of a video lottery facility and determined by the Director to have employment duties and responsibilities involving the security, maintenance, servicing, repair, or operation of video lottery machines and table game equipment, or is employed in a position that allows direct access to the internal workings of video lottery machines or table game equipment. See Delaware Code Title 29 Sec. 4803
Gaming excursion: shall mean an arrangement the purpose of which is to induce any person, selected or approved for participation therein on the basis of said person's ability to satisfy a financial qualification obligation related to said person's ability or willingness to gamble or on any other basis related to said person's propensity to gamble, to come to a video lottery facility for the purpose of gaming and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a video lottery agent or employee thereof. See Delaware Code Title 29 Sec. 4803
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General Assembly: includes any member, committee or subcommittee of either House of the General Assembly. See Delaware Code Title 29 Sec. 5831
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Goods: includes produce, merchandise, goods, wares, items, products, crops, livestock, animals, metals, gems or any tangible personal property of whatever description, whether new or used, and includes alcoholic beverages of every nature. See Delaware Code Title 30 Sec. 2901
Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Delaware Code Title 6 Sec. 2A-103
Grant-in-aid: includes an appropriation of the public money from the General Fund for a public purpose to any county, municipality, corporation, private agency or person. See Delaware Code Title 29 Sec. 6301
gross receipts: shall mean gross receipts reported by the corporation for its taxable year for purposes of the federal income tax. See Delaware Code Title 30 Sec. 1901
Gross receipts: includes all proceeds received by any person engaged in manufacturing within this State for products manufactured in whole or in part within this State where such products are sold to another person, or the fair market value of any such products consumed by the manufacturer or any person affiliated with it, where the fair market value of such products is not received; provided, however, if a product is partially manufactured within this State and partially manufactured elsewhere by the same manufacturer, the gross receipts realized on the ultimate sale, transfer or consumption of said product to be included for purposes of this chapter shall be apportioned to this State in the proportion that the cost of manufacturing thereof in Delaware bears to the full cost of manufacturing the product expended by the same manufacturer, such apportionment to be computed in accordance with regulations of the Secretary of Finance. See Delaware Code Title 30 Sec. 2701
gross receipts: includes total consideration received for all goods sold or services rendered within this State, but shall not include tobacco products taxes or motor fuel taxes paid or payable to the State under Part IV of this title or gasoline and special fuel taxes paid or payable to the federal government under Internal Revenue Code § 4041 [26 U. See Delaware Code Title 30 Sec. 2901
Gross table game revenue: shall mean the total of all table game win or loss and poker revenue, including checks received whether collected or not, received by a video lottery agent from table game operations; provided that if the value of gross table game revenue at any video lottery facility in a given fiscal year is less than zero, any liabilities to winners in such year shall be the responsibility of the video lottery agent. See Delaware Code Title 29 Sec. 4803
Headquarters Management Corporation: means an entity treated as a corporation under the Internal Revenue Code of the United States (Title 26 of the United States Code) that:

a. See Delaware Code Title 30 Sec. 6401
Headquarters services: includes , without limitation, accounts receivable and payable, employee benefit plan, insurance, legal, payroll, data processing, purchasing, and tax, financial and securities accounting, reporting and compliance services provided by a Headquarters Management Corporation to itself and members of its affiliated group, and the maintenance and management of the intangible investments of other members of its affiliated group. See Delaware Code Title 30 Sec. 6401
High school sport or athletic event: means a sport or athletic event offered or sponsored by or played in connection with a public or private institution that offers education services at the secondary level. See Delaware Code Title 29 Sec. 4862
Highly experienced player: means an authorized player who has done 1 of the following:

a. See Delaware Code Title 29 Sec. 4862
Highway: means the Delaware Turnpike and every way or place, of whatever nature, open to the use of the public as a matter of right for the purposes of vehicular travel. See Delaware Code Title 30 Sec. 5202
Horse racing event: means any sport or athletic event conducted in Delaware that is subject to the provisions of Chapters 100 and 101 of Title 3, or any sport or athletic event conducted outside of Delaware, which if conducted in Delaware would be subject to the provisions of Chapters 100 and 101 of Title 3. See Delaware Code Title 29 Sec. 4862
Inactive member: shall mean a member who:

a. See Delaware Code Title 29 Sec. 5551
Income year: means the taxable year for which the taxpayer computes its net income for purposes of the federal income tax. See Delaware Code Title 30 Sec. 1901
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Infrastructure: means property and equipment owned or used by communications networks, electric generation, transmission and distribution systems, gas distribution systems, water pipelines, and public roads and bridges and related support facilities directly in connection with the provision of services to multiple customers or citizens, including, without limitation, real and personal property such as buildings, offices, lines, poles, pipes, structures and equipment. See Delaware Code Title 30 Sec. 3101
Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Delaware Code Title 6 Sec. 2A-103
Intangible investments: includes , without limitation, investments in stocks, bonds, notes and other debt obligations (including debt obligations of affiliates), patents, patent applications, trademarks, trade names and similar types of intangible assets. See Delaware Code Title 30 Sec. 6401
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Intermediate petroleum products: means 1 or more petroleum products that have been partially refined by a petroleum product refiner. See Delaware Code Title 30 Sec. 2901
Intermediate petroleum products wholesaler: means every person engaged, as owner or agent, in the business of selling to or exchanging with a petroleum product refiner intermediate petroleum products for cash or barter or any consideration for the purpose of further refining or resale by the petroleum product refiner, and includes without limitation intermediate petroleum products sold or exchanged through pipelines, warehouses or other storage facilities and distribution depots of persons whose principal place of business is located inside or outside this State. See Delaware Code Title 30 Sec. 2901
Internal Revenue Service: means the Internal Revenue Service of the Department of Treasury of the United States. See Delaware Code Title 30 Sec. 502
Internet lottery: shall mean all lottery games in which the player's interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games. See Delaware Code Title 29 Sec. 4803
Internet table games: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a table game in a video lottery facility, and in which the game is an Internet variation or compilation of a table game or table games, provided that the game is expressly authorized by rule of the Director. See Delaware Code Title 29 Sec. 4803
Internet ticket games: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of the Office, and in which the winner is decided by chance through mechanical or electronic means, and which shall include keno but which shall not include the video lottery, table games, and other forms of the Internet lottery. See Delaware Code Title 29 Sec. 4803
Internet video lottery: shall mean a lottery game in which the player's interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a video lottery machine in a video lottery facility, and in which the game is an Internet variation of a video lottery game, and which shall not include keno, table games, and other forms of the Internet lottery. See Delaware Code Title 29 Sec. 4803
Investment: means any property, real or personal, tangible or intangible, that is offered for sale, sold or traded based wholly or in part on representations, express or implied, that the property may or will generate income or profit or appreciate in value. See Delaware Code Title 6 Sec. 2502A
Investment activities: means the maintenance and management by a Headquarters Management Corporation of its intangible investments and the collection and distribution of the income from such investments or from tangible property physically located outside this State. See Delaware Code Title 30 Sec. 6401
Issuing officers: means the Governor, Secretary of State, State Treasurer and Secretary of Finance of the State. See Delaware Code Title 29 Sec. 7401
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Joint resolution: A legislative measure which requires the approval of both chambers.
Juror: A person who is on the jury.
Key employee: shall mean a person employed in the operation of a video lottery facility and determined by the Director to be acting in a supervisory capacity or empowered to make discretionary decisions with respect to video lottery machine or table game operations, including, without limitation, the chief executive, financial and operation managers, video lottery department managers, cashier and cage supervisors, credit executives, pit bosses or managers, gaming employee shift managers or any other employee so designated by the Director for reasons consistent with the public policies of this subchapter, and shall include any officer or any employee of an employee organization who has direct involvement with or who exercises authority, discretion or influence in the representation of employees of a Delaware video lottery agent in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment or conditions of work. See Delaware Code Title 29 Sec. 4803
Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
last known address: shall mean the address determined under paragraph (b)(6)a. See Delaware Code Title 30 Sec. 502
Lease: means an agreement (either written or oral) under which a lessor grants to a lessee the right to use property for a specified period or at the will of either the lessor or lessee. See Delaware Code Title 30 Sec. 4301
Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Delaware Code Title 6 Sec. 2A-103
Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Delaware Code Title 6 Sec. 2A-103
Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Delaware Code Title 6 Sec. 2A-103
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lessee: means any person to which a lease is made and any assignee of the person to which a lease is made. See Delaware Code Title 30 Sec. 4301
Lessee: means a person who acquires the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
Lessor: means any person that grants a lease and any assignee of the person that grants a lease other than an assignee for security or financing. See Delaware Code Title 30 Sec. 4301
Lessor: means a person who transfers the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
Library construction: includes , but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of library buildings, the acquisition or installation of apparatus or equipment or the acquisition of land required as sites for such buildings, including land or rights in land needed to provide access to sites, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly-owned sewer system or water system. See Delaware Code Title 29 Sec. 6602A
Library technology: includes , but is not limited to, technologies that support the storage, retrieval, processing and dissemination of information necessary for the efficient and effective operation of libraries in meeting the information needs of their users. See Delaware Code Title 29 Sec. 6602B
Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Delaware Code Title 6 Sec. 2A-103
Lineal descendant: Direct descendant of the same ancestors.
Lobbyist: means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

a. See Delaware Code Title 29 Sec. 5831
Local government: means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission. See Delaware Code Title 29 Sec. 502
Local share: means the sum of money specified in any school construction bond authorization act to render permissible the use of the state share for school construction within the particular school district. See Delaware Code Title 29 Sec. 7501
Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Delaware Code Title 6 Sec. 2A-103
lottery ticket sales agent: means a person whom the Director has licensed to sell lottery tickets. See Delaware Code Title 29 Sec. 4803
Majority leader: see Floor Leaders
managed care company under contract to the Medicaid agency: means an entity that meets the definition of an MCO under 42 C. See Delaware Code Title 30 Sec. 6501
Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
materiel: shall mean materials, equipment, vehicles, tools, supplies and any other personal property, but does not include real property such as, but not limited to, land, ponds and buildings. See Delaware Code Title 29 Sec. 7001
Matter: means any application, petition, request, business dealing, transaction or decision of any sort. See Delaware Code Title 29 Sec. 5831
Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
Member: shall mean a person who is an employee on or after the date the employer affiliates with the Fund. See Delaware Code Title 29 Sec. 5551
merchandise: includes loans, services related to a person's credit worthiness, leases of personal property, prizes from prize promotions, long-distance telephone services and investments. See Delaware Code Title 6 Sec. 2502A
Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Delaware Code Title 6 Sec. 2A-103
Merit comparable positions: means those positions which for salary determination purposes, are assigned, pursuant to the State Budget Act, classification titles and/or pay grades that are comparable to the titles and/or pay grades of similar positions in the classified service. See Delaware Code Title 29 Sec. 5901
Minor: means any person under the age of 18 years. See Delaware Code Title 29 Sec. 4862
Minor capital improvement: means minor capital improvement as that term is defined in § 7528 of this title. See Delaware Code Title 29 Sec. 7501
minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
Minority leader: See Floor Leaders
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Motor carrier: means every person who operates or causes to be operated any motor vehicle on any highway in this State. See Delaware Code Title 30 Sec. 5202
Motor fuel: means :

a. See Delaware Code Title 30 Sec. 5202
Motor vehicle: means a motor vehicle used, designed or maintained for transportation of persons or property and:

a. See Delaware Code Title 30 Sec. 5202
Motor vehicle dealer: includes every person in the business of buying, selling or trading new or used motor vehicles, trailers, truck trailers or motorcycles. See Delaware Code Title 30 Sec. 3001
Motor vehicle lessee: shall mean a lessee, as defined in this chapter, of a motor vehicle as defined in § 101 of Title 21. See Delaware Code Title 30 Sec. 4301
Motor vehicle lessor: shall mean a lessor, as defined in this chapter, of a motor vehicle as defined in § 101 of Title 21. See Delaware Code Title 30 Sec. 4301
Net moneys: shall mean all moneys received from the sale of lottery tickets after first deducting sales agent commissions and payment of prizes under $600. See Delaware Code Title 29 Sec. 4803
Networked integrated library system: is a computer system that uses a bibliographic database to support multiple library operations and online terminals. See Delaware Code Title 29 Sec. 6602B
Non-state share: means :

a. See Delaware Code Title 29 Sec. 6602A
Non-state share: means a sum of money from sources other than state funds. See Delaware Code Title 29 Sec. 6602B
Not-for-profit healthcare conversion transaction: includes :

a. See Delaware Code Title 29 Sec. 2531
Not-for-profit healthcare entity: includes a not-for-profit hospital, including a corporation or a hospital created under a trust or will, a not for profit healthcare service provider, a not-for-profit nursing home or long term care facility, a not-for profit healthcare insurer, a mutual corporation holding assets in charitable trust for the public benefit, an entity maintaining plans to provide healthcare services or indemnity thereof, and an entity, other than a for-profit entity, affiliated with any of these through ownership, governance, or membership, such as a holding company or subsidiary. See Delaware Code Title 29 Sec. 2531
Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:

a. See Delaware Code Title 29 Sec. 4321
Notarial officer: shall mean a notary public or any other officer authorized to perform notarial acts. See Delaware Code Title 29 Sec. 4321
Notes: means notes issued by the State in anticipation of the issuance of bonds authorized by an authorization act and to the payment of which the State has pledged its full faith and credit. See Delaware Code Title 29 Sec. 7401
Notes: means anticipation notes issued by the State in anticipation of the issuance of bonds. See Delaware Code Title 29 Sec. 7501
Notice of proposed assessment: means a notice sent to a taxpayer by the Director or the Director's delegate pursuant to § 521(c) of this title that tax, interest, penalty, additional amount or addition to the tax is proposed for assessment and is due. See Delaware Code Title 30 Sec. 502
Nursing facility: means a nursing facility as defined and licensed pursuant to Chapter 11 of Title 16. See Delaware Code Title 30 Sec. 6501
Nursing facility services: has the meaning given that term in 42 C. See Delaware Code Title 30 Sec. 6501
Oath: A promise to tell the truth.
Oath: shall mean a promise of truthfulness that is a solemn, spoken pledge to a Supreme Being. See Delaware Code Title 29 Sec. 4321
Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
Obscene: has the meaning defined in § 1364 of Title 11. See Delaware Code Title 29 Sec. 6603C
Office: includes all state and political subdivision offices, the powers and duties of which are defined by the Delaware Constitution, statutes, charters, or ordinances. See Delaware Code Title 29 Sec. 7803
Office: shall mean the State Lottery Office established by this subchapter. See Delaware Code Title 29 Sec. 4803
Operating expense: means a Headquarters Management Corporation's cost of its wages, salaries and benefits, and the cost, if any, of other services obtained by it in connection with its investment activities and for the provision of headquarters services to itself and members of its affiliated group. See Delaware Code Title 30 Sec. 6401
Operations: means operations of all such motor vehicles whether loaded or empty, whether for compensation or not for compensation and whether owned by or leased to the motor carrier who operates them or causes them to be operated. See Delaware Code Title 30 Sec. 5202
operator: means any person or entity that offers any interactive fantasy sports contest to any player through any interactive fantasy sports platform. See Delaware Code Title 29 Sec. 4862
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Out-of-state business: means a business entity licensed in another state, commonwealth or district that has no registrations, tax filings, nexus or presence in this State and conducted no business in this State prior to a declared state of emergency and whose services are requested by a registered business or by a state or local government for purposes of performing emergency-related work. See Delaware Code Title 30 Sec. 3101
Out-of-state employee: means an employee who does not work in this State, except for "emergency-related work" during an "emergency period". See Delaware Code Title 30 Sec. 3101
Outdoor musical festival: means any group or groups of persons participating in musical entertainment in open spaces and not in a permanent structure;

(2) "Promoter" means the organizer, operator, producer or the person or persons, or corporation staging the outdoor musical festival and the owner, tenant and lessee of the land upon which the outdoor musical festival is performed;

(3) "Spectator" means a gathering of 1,000 or more persons who pay a consideration for the purpose of viewing or hearing the outdoor musical festival. See Delaware Code Title 28 Sec. 925
Person: means 1 or more individuals, partnerships, associations, organizations, corporations, cooperatives, representatives, trustees, receivers or agents whether or not associated in any way with the State. See Delaware Code Title 29 Sec. 7302
person: means any individual, family, partnership, corporation or association. See Delaware Code Title 29 Sec. 9301
Person: includes an individual, partnership, firm, cooperative, corporation or any association of persons acting individually or as a unit. See Delaware Code Title 30 Sec. 2701
Person: includes an individual, partnership, firm, cooperative, corporation or any association of persons acting individually or as a unit. See Delaware Code Title 30 Sec. 2901
Person: means and includes an individual, partnership, firm, cooperative, corporation or any association of persons acting individually or as a unit. See Delaware Code Title 30 Sec. 4301
Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
Person: means and includes an individual, a trust, estate, partnership, association, company or corporation. See Delaware Code Title 30 Sec. 502
Person: means an individual, partnership, trust, estate, corporation, association, organization, joint venture, joint stock company, limited liability company, or other legal or commercial entity. See Delaware Code Title 29 Sec. 2531
Person: means any individual, partnership, corporation, trust, joint venture and any other association of individuals or entities. See Delaware Code Title 29 Sec. 5831
Person required to collect the tax: shall include every lessor of property the use of which is subject to tax under § 4302 of this title, and shall also include any officer or employee of a corporate lessor of such property and any member of a partnership lessor of such property. See Delaware Code Title 30 Sec. 4301
Person with a disability: means a person who permanently or temporarily has a physical, mental or communicative condition or characteristic, and who, because of the condition or characteristic, is restricted in using facilities. See Delaware Code Title 29 Sec. 7302
personally knows: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed. See Delaware Code Title 29 Sec. 4321
Petroleum product: means crude oil, or any portion thereof, that is liquid at 70° Fahrenheit and at standard atmospheric pressures, and includes motor fuel, gasohol, other alcohol blended fuels, diesel fuel, aviation fuel, jet fuel, heating oil, motor oil and other petroleum based lubricants. See Delaware Code Title 30 Sec. 2901
Petroleum product refiner: means any person engaged in the operation of a petroleum product refinery in this State, the principal raw material for which, measured by volume, consists of crude oil. See Delaware Code Title 30 Sec. 2901
physically delivered within this State: includes delivery to the United States mail or to a common or contract carrier for shipment to a place within this State irrespective of F. See Delaware Code Title 30 Sec. 2901
Pine: shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina). See Delaware Code Title 3 Sec. 1052
platform: means any online method by which access to an interactive fantasy sports contest is provided. See Delaware Code Title 29 Sec. 4862
Poker revenue: shall mean the total value of rake charged to players at all poker tables. See Delaware Code Title 29 Sec. 4803
Political subdivision: includes counties, municipalities, districts, authorities, and other public corporations and entities whether organized and existing under a charter or general law. See Delaware Code Title 29 Sec. 7803
Political subdivision: includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly. See Delaware Code Title 29 Sec. 502
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Delaware Code Title 6 Sec. 2A-103
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Principal: means :

a. See Delaware Code Title 29 Sec. 4321
Prize: means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. See Delaware Code Title 6 Sec. 2502A
Prize promotion: means a sweepstakes or other game of chance or an oral or written representation, express or implied, that a person has won or has been selected to receive or is eligible to receive a prize or purported prize. See Delaware Code Title 6 Sec. 2502A
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Product: includes any goods, materials, wares, merchandise, machinery, vehicles, solids, liquids or gases or any other item, object or thing which is produced as part of a manufacturing process. See Delaware Code Title 30 Sec. 2701
Prohibited sports event: means any collegiate sporting event that involves a Delaware college or university, or any high school sport or athletic event, or any horse racing event. See Delaware Code Title 29 Sec. 4862
Promoter: shall mean any person who, privately or as a business agent for a professional enterprise, offers services to another person or organization and in return for the use of that person's/organization's name as sponsor, and a fee, commission or profit share, acquires, advertises and conducts a paid entertainment event for the general public. See Delaware Code Title 28 Sec. 929
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public record: means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof. See Delaware Code Title 29 Sec. 502
Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Delaware Code Title 6 Sec. 2A-103
Purchase price: means the value or any other consideration given by the owner to the seller for a motor vehicle; where trade-ins or allowances are given in conjunction with the purchase of any motor vehicle, the purchase price shall be the gross purchase price less any trade-in or allowance given by the seller of the motor vehicle to the owner of the motor vehicle; except that where a motor vehicle having been bought and registered outside the State and not subject to the limitation of § 3002(a)(4) of this title is first registered and titled in this State, "purchase price" shall mean the fair market value as of the date of such titling and registration. See Delaware Code Title 30 Sec. 3001
Qualified child support obligation: shall mean any child support lien in excess of $150 as provided by § 2215 of Title 13. See Delaware Code Title 29 Sec. 4803
Qualified video lottery prize: shall mean any video lottery or charitable gaming organization prize paid by cash or check for which a W-2G is issued equal to or in excess of $1,200 (but less any amounts withheld for income taxes). See Delaware Code Title 29 Sec. 4803
raffle: means a form of lottery in which a number of persons buy 1 or more chances attempting to win the same prize. See Delaware Code Title 28 Sec. 1533
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
Records officer: means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs. See Delaware Code Title 29 Sec. 502
registrant: means an operator that is registered by the Director. See Delaware Code Title 29 Sec. 4862
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Representative capacity: shall mean :

a. See Delaware Code Title 29 Sec. 4321
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident day: means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge, provided that 1 resident day shall be deemed to exist when admission and discharge occur on the same day. See Delaware Code Title 30 Sec. 6501
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restricted gaming area: shall mean the cashier's cage, the count room, the cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the video lottery machine repair room and any other area designated by the Director as a restricted gaming area. See Delaware Code Title 29 Sec. 4803
Retired member: shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this chapter. See Delaware Code Title 29 Sec. 5551
Revenue notes: means notes issued by the State in anticipation of the receipt by the State of taxes and revenues payable to the State and the payment of which the State has pledged its full faith and credit. See Delaware Code Title 29 Sec. 7401
Rules: means those rules adopted by the Board pursuant to this chapter. See Delaware Code Title 29 Sec. 5901
Satisfactory evidence of identity: means identification of an individual based on:

a. See Delaware Code Title 29 Sec. 4321
School construction: includes , but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of school buildings, the acquisition or installation of apparatus or equipment or educational supplies suitable for the use of such buildings, the acquisition of machinery necessary for the maintenance of such buildings or school grounds, the acquisition of land required as sites for such buildings, or for playgrounds, including land or rights in land needed to provide access to sites and to provide suitable playgrounds, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly owned sewer system or water system, the acquisition of temporary buildings or facilities for school purposes to be used until such time as permanent school buildings or facilities shall become available. See Delaware Code Title 29 Sec. 7501
School construction bond authorization act: means an authorization act of the General Assembly concurred in by 3/4 of all the members of each House, authorizing, among other things, the issuance of bonds and the appropriation of the proceeds thereof to finance school construction. See Delaware Code Title 29 Sec. 7501
School district: means a reorganized school district, or any newly created school unit or area for which no board has been appointed or elected at the time of the effective date of any school construction bond authorization act or any area which the State Board of Education shall determine to be the area served by any school facility which is referred to in any school construction bond authorization act and for which there is specified no local share. See Delaware Code Title 29 Sec. 7501
Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. See Delaware Code Title 29 Sec. 4321
Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 29 Sec. 8402
Secretary: means Secretary of Transportation. See Delaware Code Title 30 Sec. 5202
Secretary: means Secretary of State. See Delaware Code Title 29 Sec. 4321
Secretary: means the Secretary of the Department of Human Resources. See Delaware Code Title 29 Sec. 5901
Secretary of Finance: shall mean the Secretary of Finance or a duly authorized designee. See Delaware Code Title 29 Sec. 6501
Seller: means any person who or which utilizes telemarketing or engages the services of a telemarketing business to promote, advertise, sell or distribute merchandise. See Delaware Code Title 6 Sec. 2502A
Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Solicitation: means a written or oral notification, advertisement or offer that consists of any 1 or more of the following characteristics:

a. See Delaware Code Title 6 Sec. 2502A
Sponsor: shall mean any person or organization who agrees, verbally or in writing, to authorize the use of their name as an indorsement for, and supporter of, a paid public entertainment event promoted by another individual or business enterprise. See Delaware Code Title 28 Sec. 929
Sports event: shall mean any amateur or professional sport or athletic event, except a prohibited sports event. See Delaware Code Title 29 Sec. 4862
Sports lottery: shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team. See Delaware Code Title 29 Sec. 4803
Sports lottery agent: means a person whom the Director has licensed to conduct sports lottery games. See Delaware Code Title 29 Sec. 4803
Sports lottery machine: shall mean any machine in which bills, coins or tokens are deposited in order to play a sports lottery game. See Delaware Code Title 29 Sec. 4803
Sports lottery operations employee: shall mean an individual employee, person or agent of an applicant or licensee who is responsible for the security of sports lottery operations or proceeds. See Delaware Code Title 29 Sec. 4803
State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States and any foreign country or political subdivision thereof. See Delaware Code Title 30 Sec. 1901
State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
State: means a state of the United States, the District of Columbia, Puerto Rico, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 30 Sec. 502
State agency: means any office, department, board, commission, committee, school district, board of education and all public bodies existing by virtue of an act of the General Assembly or of the Constitution of the State, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition that exist by virtue of state law and whose jurisdiction:

a. See Delaware Code Title 29 Sec. 5831
State licensing or registration requirements: means all state or local business licensing or registration requirements, including, without limitation, registration or licensing by the Public Service Commission, the Secretary of State, the Division of Revenue, and any other state or local agency that requires businesses be licensed to operate within this State or imposes other regulatory requirements. See Delaware Code Title 30 Sec. 3101
State Lottery Fund: shall mean those moneys derived from the sale of state lottery tickets and deposited in the state account of that name and those funds appropriated for the start-up costs of the system. See Delaware Code Title 29 Sec. 4803
State or local taxes: means state and local taxes or fees including, without limitation, unemployment insurance, state or local licensing fees, sales and use tax and ad valorem tax on equipment brought into this State solely to be used or consumed during the emergency period. See Delaware Code Title 30 Sec. 3101
state service: means all positions of state employment other than the following positions, which are excluded:

(1) Members of the General Assembly and others elected by popular vote and persons appointed to fill vacancies in elective offices. See Delaware Code Title 29 Sec. 5903
State share: means that maximum sum of money which may be paid from state sources for a library construction project. See Delaware Code Title 29 Sec. 6602A
State share: means that maximum sum of money which may be paid from state sources for school construction in a particular school district as provided in any school construction bond authorization act. See Delaware Code Title 29 Sec. 7501
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Delaware Code Title 6 Sec. 2A-103
Suburban community: means any unincorporated community within this State:

1. See Delaware Code Title 9 Sec. 501
Summons: Another word for subpoena used by the criminal justice system.
Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Delaware Code Title 6 Sec. 2A-103
Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Delaware Code Title 6 Sec. 2A-103
system: shall mean the public gaming systems or games established and operated pursuant to this subchapter and including all types of lotteries. See Delaware Code Title 29 Sec. 4803
Table game: shall mean any game played in a video lottery facility with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding keno, video lottery machines, and the Internet lottery) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation, provided that the game is expressly authorized by rule of the Director. See Delaware Code Title 29 Sec. 4803
Table game equipment: shall mean gaming tables, cards, dice, chips, tiles, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any table games. See Delaware Code Title 29 Sec. 4803
Table game win or loss: shall mean the value of gaming chips and cash won from patrons at gaming tables less the value of gaming chips and cash won by patrons at gaming tables other than poker tables. See Delaware Code Title 29 Sec. 4803
Tax: shall be deemed also to refer to license fees imposed under Part III of this title. See Delaware Code Title 30 Sec. 502
Taxable: means any person, fiduciary, association of persons, syndicate, joint venture or copartnership subject to making return or to payment of tax imposed by this title. See Delaware Code Title 30 Sec. 101
Taxpayer: means any corporation subject to the tax imposed by this chapter. See Delaware Code Title 30 Sec. 1901
Telemarketer: means a natural person who, from any location, in connection with telemarketing, initiates or receives or causes the initiation or receipt of telephone calls to or from a customer who is located in the State. See Delaware Code Title 6 Sec. 2502A
Telemarketing: is a n organized activity, program or campaign by 1 or more telemarketers that is conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers. See Delaware Code Title 6 Sec. 2502A
Telemarketing business: means any person who or which engages in telemarketing on behalf of any seller in exchange for any consideration or compensation. See Delaware Code Title 6 Sec. 2502A
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total cost: means the maximum sum or sums of money which may be spent for a library construction project, provided that nothing contained in this chapter shall prevent any non-state source from increasing said total cost by providing a larger amount from non-state sources than that stated as that non-state share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes. See Delaware Code Title 29 Sec. 6602A
Total cost: means the maximum sum or sums of money which may be spent for library technology projects, provided that nothing contained in this chapter shall prevent any non-state source from increasing said total cost by providing a larger amount from non-state sources than that stated as that non-state share, nor prevent the acceptance and use of any future funds appropriated by the Congress of the United States for these purposes. See Delaware Code Title 29 Sec. 6602B
Total cost: means the maximum sum or sums of money which may be spent for school construction under a particular school construction bond authorization act in a particular school district, provided that nothing contained in this chapter shall prevent any school district from increasing said total cost by providing a larger amount from local sources than that stated as that district's local share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes. See Delaware Code Title 29 Sec. 7501
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transportation Authority: means Delaware Transportation Authority. See Delaware Code Title 29 Sec. 8402
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Unavailable: means either that a vacancy in an office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and the lawful incumbent's duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Uphold: The decision of an appellate court not to reverse a lower court decision.
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Verification upon oath or affirmation: shall mean a statement by a person who asserts that the statement is true and makes the assertion upon oath or affirmation. See Delaware Code Title 29 Sec. 4321
Video lottery: shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). See Delaware Code Title 29 Sec. 4803
Video lottery agent: means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both. See Delaware Code Title 29 Sec. 4803
Video lottery facility: shall mean a building containing a gaming area. See Delaware Code Title 29 Sec. 4803
Video lottery machine: shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options available to the player, are randomly determined by the machine. See Delaware Code Title 29 Sec. 4803
Vital records: means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended. See Delaware Code Title 29 Sec. 502
wholesaler: includes every person engaged as owner or agent in the business of selling or exchanging goods for cash or barter or any consideration on the assumption that the purchaser of such goods has acquired the same for ultimate consumption or use and not resale and, where engaged in the foregoing business, includes automatic merchandising machine operators regardless of the product dispensed or vended, retail plant nurseries and florists, hucksters, peddlers, trading stamp redemption stores and catalog stores (except such stores described in paragraph (21)a. See Delaware Code Title 30 Sec. 2901
Writ: A formal written command, issued from the court, requiring the performance of a specific act.

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Delaware Code > Title 6 > Article 2A – Leases

Terms Used In Delaware Code > Title 6 > Article 2A - Leases

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