Terms Used In Delaware Code > Title 3 > Chapter 85 - Corporation Law for Cooperative Agricultural Associations

• Acknowledged: shall mean , with respect to any document or instrument required to be executed by an authorized person pursuant to this chapter, the authorized person executing such document or instrument has certified, under penalty of perjury, that the information set forth in such document or instrument is accurate and complete to the best of such authorized person's actual knowledge after due inquiry. See Delaware Code Title 6 Sec. 5001E
• 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.
• age: means any age 18 years or older. See Delaware Code Title 6 Sec. 4602
• Agricultural products: includes all agricultural, horticultural, vegetable, fruit and floricultural products of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey, but does not include timber products. See Delaware Code Title 3 Sec. 8501
• Amortization: Paying off a loan by regular installments.
• Applicant: shall mean any person filing an application for registration of a trademark under this chapter, the applicant's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
• 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
• Assessment measures: shall mean , with respect to any entity, the policies, procedures or practices adopted by such entity to adduce objective factual information to assess the entity's performance in meeting its standards, including any procedures for internal or external verification of such information. See Delaware Code Title 6 Sec. 5001E
• Association: means a corporation formed under this chapter. See Delaware Code Title 3 Sec. 8501
• Authorized person: means , with respect to any entity, any person or entity who has been duly authorized in accordance with the organizational documents of the entity and the laws of this State (whether statutory, common law or otherwise) under which the entity is incorporated, formed or organized to execute such documents and instruments and make such acknowledgments as are required by this chapter. See Delaware Code Title 6 Sec. 5001E
• Automobile: means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. See Delaware Code Title 6 Sec. 5001
• Balanced budget: A budget in which receipts equal outlays.
• 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.
• Billing period: means the payment cycle agreed to by the parties, or, in the absence of an agreement, the calendar month within which the work is performed. See Delaware Code Title 6 Sec. 3501
• 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
• 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
• Broadcast: means the transmission of information by means of radio or television facilities. See Delaware Code Title 6 Sec. 3801
• Business day: shall mean any calendar day except Saturdays, Sundays or legal holidays (as that term is defined in Chapter 5 of Title 1). See Delaware Code Title 6 Sec. 4403
• Buyer: means a natural person who enters into a health spa contract. See Delaware Code Title 6 Sec. 4202
• 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
• certificate of incorporation: as used in this chapter , unless the context requires otherwise, includes not only the original certificate of incorporation filed to create a corporation but also all other certificates, agreements of merger or consolidation, plans of reorganization, or other instruments, howsoever designated, which are filed pursuant to § 102, §§ 133-136, § 151, §§ 241-243, § 245, §§ 251-258, §§ 263-264, § 267, § 303, §§ 311-313, or any other section of this title, and which have the effect of amending or supplementing in some respect a corporation's certificate of incorporation. See Delaware Code Title 8 Sec. 104
• Chairperson: means the Chairperson of the Delaware Human and Civil Rights Commission. See Delaware Code Title 6 Sec. 4602
• Clerk of the County Council: means the Clerk of the County Council of New Castle County in which the park district is located. See Delaware Code Title 9 Sec. 702
• Clerk of the county government: means the clerk of the peace of the county in which the suburban park community is situated. See Delaware Code Title 9 Sec. 602
• Clerk of the peace: means the clerk of the peace of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
• 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
• 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. 551
• Commission: means the park commission of a park district established by an election under the provisions of this chapter. See Delaware Code Title 9 Sec. 702
• Commission: means the Delaware Human and Civil Rights Commission. See Delaware Code Title 6 Sec. 4602
• Commission: means the Public Service Commission. See Delaware Code Title 6 Sec. 4902
• Commission: means the county park and recreation commission. See Delaware Code Title 9 Sec. 602
• commodity in package form: means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Delaware Code Title 6 Sec. 5101
• Complainant: means the person (including the Commission) who files a complaint under § 4610 of this title. See Delaware Code Title 6 Sec. 4602
• Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission. See Delaware Code Title 6 Sec. 4602
• Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Delaware Code Title 6 Sec. 4602
• Consumer: means a person who buys for personal use, or for the use of another but not for resale. See Delaware Code Title 6 Sec. 3701
• Consumer: means any person who acquires eggs for consumption in the person's own household and not for resale. See Delaware Code Title 3 Sec. 3501
• Consumer: means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Delaware Code Title 6 Sec. 5001
• Consumer: means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. See Delaware Code Title 6 Sec. 5001A
• Consumer goods or services: shall mean goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken. See Delaware Code Title 6 Sec. 4403
• Contractor: includes , but is not limited to, an architect, engineer, real estate broker or agent, subcontractor or other person, who enters into any contract with another person to furnish labor and/or materials in connection with the erection, construction, completion, alteration or repair of any building or for additions to a building, by such contractor, or for the sale to such other person of any lands and premises, whether owned by such contractor or another, upon which such contractor undertakes to erect, construct, complete, alter or repair any building or addition to a building. See Delaware Code Title 6 Sec. 3501
• 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
• county engineer: shall be construed to mean the General Manager of the Department of Special Services insofar as New Castle County is concerned. See Delaware Code Title 9 Sec. 501
• County government: means the county governing body. See Delaware Code Title 9 Sec. 602
• County government: means the county governing body. See Delaware Code Title 9 Sec. 702
• County government: means the county governing body of each county. See Delaware Code Title 9 Sec. 501
• County government: means the county governing body;

  (3) "Suburban community" means any unincorporated community within this State:

  a. See Delaware Code Title 9 Sec. 551

• Court: means the Court of Chancery except where another court is specifically designated. See Delaware Code Title 6 Sec. 2102
• Court: means the Court of Chancery. See Delaware Code Title 6 Sec. 3314
• Court: means the Superior Court of the State unless otherwise designated. See Delaware Code Title 6 Sec. 4602
• Covered multifamily dwellings: means :

  a. See Delaware Code Title 6 Sec. 4602

• 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 Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• 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
• dealer: includes any person who engages exclusively in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchiser or such repairs are performed as part of a manufacturer's or franchiser's warranty. See Delaware Code Title 6 Sec. 4902
• Dealer: means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business. See Delaware Code Title 6 Sec. 5001
• Dealership facilities: means the real estate, buildings, fixtures and improvements which have been devoted to the conduct of business under the franchise by the new motor vehicle dealer. See Delaware Code Title 6 Sec. 4902
• Department of Finance: means the Department of Finance of New Castle County in which the park district is located. See Delaware Code Title 9 Sec. 702
• Dependent: A person dependent for support upon another.
• Designated family member: means the spouse, child, grandchild, parent, brother or sister, of the owner of a new motor vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealership, has been appointed by a court as the legal representative of the new motor vehicle dealership's property. See Delaware Code Title 6 Sec. 4902
• Director: means the Director of the Division of Consumer Protection, or a member of the Director's staff to whom the Director may delegate duties under this chapter. See Delaware Code Title 6 Sec. 4202
• Disability: means as defined in § 4502 of this title. See Delaware Code Title 6 Sec. 4602
• Discriminatory housing practice: means an act that is unlawful under § 4603, § 4604, § 4605, § 4606 or § 4618 of this title. See Delaware Code Title 6 Sec. 4602
• Distributor: which means any person, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers or who maintains factory representatives or who controls any person, firm, association, corporation or trust, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers. See Delaware Code Title 6 Sec. 4902
• Division: means the Division of Human and Civil Rights. See Delaware Code Title 6 Sec. 4602
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Documentary material: means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart or other document, and further includes data and other information in a form readable by a data processing machine. See Delaware Code Title 6 Sec. 2102
• Door-to-door sale: shall mean a sale, lease or rental of consumer goods or services with a purchase price of $25 or more, whether under single or multiple contracts, in which the seller or the seller's representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. See Delaware Code Title 6 Sec. 4403
• Dwelling: means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by 1 or more families, together with any land which is offered for sale, rent or exchange therewith and also means any vacant land which is offered for sale, lease or exchange for the construction or location thereon of any such building, structure or portion thereof. See Delaware Code Title 6 Sec. 4602
• Eggs: means eggs in the shell that are the product of domesticated chickens. See Delaware Code Title 3 Sec. 3501
• 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}
• Energy service agreement: means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner's home and/or service the residential heating system. See Delaware Code Title 6 Sec. 3401
• Energy service company: means any person engaged in the sale of residential heating fuel and/or the service of residential heating systems. See Delaware Code Title 6 Sec. 3401
• Entity: means any: (A) corporation (stock or nonstock), partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)), limited liability company, or statutory trust validly existing under the applicable laws of this State, or (B) any association of the kind commonly known as a joint-stock association or joint-stock company, and any unincorporated association, trust or other enterprise having members or having outstanding shares of stock or other evidences of financial or beneficial interest therein, the internal affairs of which are governed by the laws of this State and which has not otherwise been dissolved (whether voluntarily or by any order or decree of any court of competent jurisdiction) or otherwise terminated. See Delaware Code Title 6 Sec. 5001E
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Factory branch: which means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives. See Delaware Code Title 6 Sec. 4902
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair rental value: means the rental value calculated in accordance with the "Tractor and Farm Equipment Trade-In Guide" published by the National Farm and Power Equipment Dealers Association. See Delaware Code Title 6 Sec. 5001A
• Familial status: means : one or more individuals who have not attained the age of 18 years being domiciled with:

  a. See Delaware Code Title 6 Sec. 4602

• Farm tractor: means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled. See Delaware Code Title 6 Sec. 5001A
• 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}
• 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}
• Franchise: means the written agreement or contract between any new motor vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises. See Delaware Code Title 6 Sec. 4902
• Franchiser: which means 1 or more of the following:

  1. See Delaware Code Title 6 Sec. 4902

• Gender identity: means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. See Delaware Code Title 6 Sec. 4602
• Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in § 1-201(b)(20) of this title. See Delaware Code Title 6 Sec. 4902
• Governing body: shall mean the board of directors or equivalent governing body, person or entity having the power to manage and direct the business and affairs of the entity, and shall include any duly authorized and empowered committee of the board of directors or equivalent governing body. See Delaware Code Title 6 Sec. 5001E
• Grade: means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number or other symbol by which reference thereto may be made. See Delaware Code Title 3 Sec. 3501
• Health spa: includes any person, firm, corporation, organization, club or association engaged in the sale of memberships in a program of physical exercise, physical fitness, weight control or figure reduction, which offers the use of 1 or more of the following: a whirlpool, weight lifting room, steam room, exercising room or exercising or weight loss device. See Delaware Code Title 6 Sec. 4202
• Home: shall mean a house, dwelling, condominium, townhouse, apartment or such other residential building or dwelling in which a person resides. See Delaware Code Title 6 Sec. 4403
• Housing for older persons: means housing:

  a. See Delaware Code Title 6 Sec. 4602

• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• inspector: means a state inspector of weights and measures. See Delaware Code Title 6 Sec. 5101
• 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}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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
• Legal voter: means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding an election under this chapter to register and vote in any election district of which a proposed or existing park district is a part at a general election, if such general election were to be held at the time of any election under this chapter, whether or not he or she is at that time a registered voter. See Delaware Code Title 9 Sec. 702
• Lienholder: means a person with a security interest in an automobile pursuant to a lien. See Delaware Code Title 6 Sec. 5001
• Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business. See Delaware Code Title 6 Sec. 18-101
• Lineal descendant: Direct descendant of the same ancestors.
• 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
• Manufacturer: shall mean every producer or refiner of petroleum products, or the producer or fabricator of any automotive product sold or distributed by a service station. See Delaware Code Title 6 Sec. 2901
• Manufacturer: includes the following terms:

  a. See Delaware Code Title 6 Sec. 4902

• Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles. See Delaware Code Title 6 Sec. 5001
• Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing farm tractors, who under normal business conditions during the year manufacturers, assembles, or distributes to dealers at least 10 new farm tractors. See Delaware Code Title 6 Sec. 5001A
• Marital status: means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship. See Delaware Code Title 6 Sec. 4602
• Mark: shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. See Delaware Code Title 6 Sec. 3302
• Market: means sell, offer for sale, give in the channels of commerce, barter, exchange, or distribute in any manner. See Delaware Code Title 3 Sec. 3501
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• 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
• 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
• Moneys or funds: includes , but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, who, being the owner of the legal title to lands and premises, receives, in connection with a contract for the sale thereof and for the erection, construction, completion, alteration or repair of any building or addition thereon by such contractor, any moneys or funds by way of a loan or advance upon the security of such lands and premises for the purpose of such erection, construction, completion, alteration or repair, or who receives from the other contracting party or vendee any deposit or sum of money on account of the purchase or contract price, and no part of such moneys or funds shall be deemed or construed applicable to the payment of the cost or selling price of land, unless that part of the contract price or selling price applicable to cost or selling price of land, be specifically so stated in the contract. See Delaware Code Title 6 Sec. 3501
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Motor fuel: shall mean and include any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine and sold or used for that purpose. See Delaware Code Title 6 Sec. 2901
• Motor vehicle: means every vehicle intended primarily for use and operation on the public highways which is self-propelled, not including motor homes, motor home products and recreational vehicles, farm tractors and other machines and tools used in the production, harvesting and care of farm products. See Delaware Code Title 6 Sec. 4902
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• New motor vehicle: means a vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See Delaware Code Title 6 Sec. 4902
• Nonconformity: means a defect or condition which substantially impairs the use, value or safety of an automobile. See Delaware Code Title 6 Sec. 5001
• Nonconformity: means any condition of the farm tractor that makes it reasonably unsuitable to use for the purpose for which it was intended. See Delaware Code Title 6 Sec. 5001A
• Nonreporting entity: shall mean any person or entity (including any entity) that is not a reporting entity. See Delaware Code Title 6 Sec. 5001E
• Notice: means any notice that is required by law to be published. See Delaware Code Title 6 Sec. 3801
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Organizational documents: shall mean the certificate of incorporation, bylaws, partnership agreement, limited liability company agreement, articles of association or other agreement, document or instrument containing the provisions by which an entity is formed or organized and by which its internal affairs are governed, in each case as amended, modified, supplemented and/or restated and in effect as of any date of determination. See Delaware Code Title 6 Sec. 5001E
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who has an interest in the lands or premises upon which a contractor has undertaken to erect, construct, complete, alter or repair any building or addition to a building. See Delaware Code Title 6 Sec. 3501
• Panel: means 3 or more Commissioners appointed by the Chair to perform any act authorized under this chapter. See Delaware Code Title 6 Sec. 4602
• Park or recreation area: means any area of real estate located within or reasonably near the suburban park community suitable for the promotion of the health and recreation of the residents of the suburban community. See Delaware Code Title 9 Sec. 602
• Park or recreation area: means any area of real estate located within the park district suitable for the promotion of the health and recreation of the residents of the park district. See Delaware Code Title 9 Sec. 702
• Partnership agreement: means any agreement, written, oral or implied, of the partners as to the affairs of a limited partnership and the conduct of its business. See Delaware Code Title 6 Sec. 17-101
• Patron: means a person engaged in agriculture whose products are sold by or supplies purchased through the association, or who has executed a contract with the association to sell all or a part of the patron's agricultural products to or through the association. See Delaware Code Title 3 Sec. 8501
• Performing group: means a vocal or instrumental group using or seeking to use the name of another group that has previously released a commercial sound recording under that name. See Delaware Code Title 6 Sec. 3301A
• Person: means an individual, partnership, corporation, association, governmental entity, business entity, or other legal entity. See Delaware Code Title 6 Sec. 2501C
• Person: shall mean any individual, firm, partnership, corporation, association, union or other organization. See Delaware Code Title 6 Sec. 3302
• Person: means any individual, partnership, corporation, trustee or other entity having the capacity to enter into a valid and enforceable contract. See Delaware Code Title 6 Sec. 3401
• Person: shall include a corporation, partnership, limited liability corporation or partnership, business trust, other association, estate trust, foundation or a natural person. See Delaware Code Title 6 Sec. 3501
• Person: includes 1 or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy in cases under Title 11 of the United States Code, receivers, fiduciaries and land use commissions or boards. See Delaware Code Title 6 Sec. 4602
• Person: means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation or any other entity and any member, officer, employee or agent thereof. See Delaware Code Title 3 Sec. 3501
• Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See Delaware Code Title 6 Sec. 4902
• 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 engaged in agriculture: means a person engaged in agriculture, dairying, livestock raising, poultry raising, floriculture, mushroom growing, beekeeping, horticulture and other allied occupations. See Delaware Code Title 3 Sec. 8501
• Personal representative: means , as to a natural person, the executor, administrator, guardian, conservator or other legal representative thereof and, as to a person other than a natural person, the legal representative or successor thereof. See Delaware Code Title 6 Sec. 17-101
• Place of business: shall mean the main or permanent branch office or a permanent local address of a seller, not including a hotel room, motel room or other temporary quarters. See Delaware Code Title 6 Sec. 4403
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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.
• 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
• Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 6 Sec. 4602
• Provider: shall mean , as to any entity, any third party that is engaged to provide professional consulting services or advice to assist entities or enterprises in measuring, managing or reporting the impact of their business and operations on issues of social and environmental impact. See Delaware Code Title 6 Sec. 5001E
• Public body: means the state's public agencies, including school districts, and its political subdivisions, including municipal and other authorities. See Delaware Code Title 6 Sec. 2102
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchase price: shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See Delaware Code Title 6 Sec. 4403
• Quorum: The number of legislators that must be present to do business.
• Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 6 Sec. 4602
• Reasonable allowance for prior use: shall mean no less than the fair rental value of the fair tractor and shall be the sum of:

  a. See Delaware Code Title 6 Sec. 5001A

• Receiver of taxes and county treasurer: means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
• Recording group: means a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Delaware Code Title 6 Sec. 3301A
• Registrant: shall mean the person to whom the registration of a trademark under this chapter is issued, that person's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
• Regulations: include any applicable federal regulations, state regulations, local regulations or regulations of the shopping center or a place of business within the shopping center, and include the regulating of the flow and direction of traffic in the parking areas of such shopping center as well as stop signs and no-parking regulations. See Delaware Code Title 6 Sec. 4801
• Relevant market area: means the area within a radius of 10 miles from the intended site of a proposed additional dealership. See Delaware Code Title 6 Sec. 4902
• Report: shall mean a report with respect to a reporting period for a reporting entity containing the following:

  a. See Delaware Code Title 6 Sec. 5001E

• Reporting entity: shall mean an entity that has been issued a certificate of adoption of transparency and sustainability standards and that has not become and continues to be a nonreporting entity pursuant to § 5004E of this title. See Delaware Code Title 6 Sec. 5001E
• Reporting period: shall mean a period of 1 year, the initial such period to begin not more than 1 year following the filing of the standards statement, and subsequent reporting periods to begin on the day following the last date of the prior reporting period, unless a governing body elects to shorten the duration of a reporting period that has not begun in order to change the start date for subsequent reporting periods. See Delaware Code Title 6 Sec. 5001E
• 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.
• Residential heating fuel: includes natural gas, propane, fuel oil, wood and electricity. See Delaware Code Title 6 Sec. 3401
• Residential heating system: means all equipment necessary for the storage and transmission of residential heating fuel and the conversion thereof to energy for the purpose of heating a residence and/or heating hot water to be used in the residence. See Delaware Code Title 6 Sec. 3401
• Respondent: means :

  a. See Delaware Code Title 6 Sec. 4602

• Retail dealer: shall mean and include any person operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine. See Delaware Code Title 6 Sec. 2901
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• sale: includes a sale, gift, exchange or other means of conveyance. See Delaware Code Title 6 Sec. 4602
• Sell: includes offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange. See Delaware Code Title 6 Sec. 3701
• 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
• Seller: shall mean any person, partnership, corporation or association engaged in the door-to-door sale of consumer goods or services. See Delaware Code Title 6 Sec. 4403
• 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
• Service mark: shall mean a mark used in the sale or advertising of services to identify the services of 1 person and distinguish them from the services of others. See Delaware Code Title 6 Sec. 3302
• Sexual orientation: includes heterosexuality, homosexuality, or bisexuality. See Delaware Code Title 6 Sec. 4602
• Shopping center: shall mean any area composed of at least 3 places of business which is serviced by a common parking area. See Delaware Code Title 6 Sec. 4801
• 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

• Sound recording: means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other media in which the sounds are embodied. See Delaware Code Title 6 Sec. 3301A
• Source of income: means any lawful source of money paid directly, indirectly, or on behalf of a renter or buyer of housing including:

  a. See Delaware Code Title 6 Sec. 4602

• Special Administration Fund: means the Fund established and maintained pursuant to § 3005 of Title 31. See Delaware Code Title 6 Sec. 4602
• Standards: shall mean , with respect to an entity, the principles, guidelines or standards adopted by the entity to assess and report the impacts of its activities on society and the environment, which principles, guidelines or standards shall be based on or derived from third-party criteria. See Delaware Code Title 6 Sec. 5001E
• Standards statement: shall mean the filing described in § 5003E of this title. See Delaware Code Title 6 Sec. 5001E
• 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
• Station: means any radio or television station licensed for commercial or educational operation by the Federal Communications Commission. See Delaware Code Title 6 Sec. 3801
• Subcontractor: means a person who enters into a contract to furnish labor and/or materials to a contractor. See Delaware Code Title 6 Sec. 3501
• Suburban community: means any unincorporated community within this State:

  1. See Delaware Code Title 9 Sec. 501

• Suburban community: means any unincorporated community within this State:

  1. See Delaware Code Title 9 Sec. 501

• Suburban park community: means any unincorporated community within the State:

  a. See Delaware Code Title 9 Sec. 602

• 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
• Third party: means , with respect to any entity, any person or entity other than any person or entity that controls, is controlled by or under common control with such entity, including any governmental or nongovernmental organization that provides services, standards, or criteria with respect to measuring, managing or reporting the social and environmental impact of businesses or other enterprises. See Delaware Code Title 6 Sec. 5001E
• Third-party criteria: shall mean any principles, guidelines or standards developed and maintained by a third party (including a provider) that are used to assist businesses or other enterprises in measuring, managing or reporting the social and environmental impact of businesses or other entities. See Delaware Code Title 6 Sec. 5001E
• Toxic substance: means a substance that contains lead or a coating on an item that contains lead in excess of the limit set by Title 16 of the Code of Federal Regulations, Part 1303 (i. See Delaware Code Title 6 Sec. 2501C
• Toy: means an article designed and intended for the child's use in play. See Delaware Code Title 6 Sec. 2501C
• Trade name: shall mean a word, name, symbol, device or any combination thereof used by a person to identify a business, vocation or occupation and distinguish it from the business, vocation or occupation of others. See Delaware Code Title 6 Sec. 3302
• Trademark: shall mean any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others. See Delaware Code Title 6 Sec. 3302
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• under common control with: means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of equity or other voting securities, by contract or otherwise. See Delaware Code Title 6 Sec. 5001E
• 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}
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• warranty: means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Delaware Code Title 6 Sec. 5001
• weight: as used in this chapter in connection with any commodity shall mean net weight. See Delaware Code Title 6 Sec. 5122