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following words and terms as used herein shall have the following meanings unless the context or use
<br />clearly indicates another or different meaning or intent:
<br />
<br /> "Adjacent Company Property" means the real estate described in Exhibit C attached hereto
<br />and by this reference made a part hereof, as amended from time to time in accordance with this Lease
<br />Agreement.
<br />
<br /> "Environmental Assessment" means an environmental assessment with respect to the Project
<br />conducted by an independent consultant reasonably satisfactory to the Issuer and the Trustee which
<br />reflects the results of such inspections, records reviews, soil tests, groundwater tests and other tests
<br />requested, which assessment and results shall be reasonably satisfactory in scope, form and substance to
<br />the Issuer and the Trustee.
<br />
<br /> "Environmental Laws" means and includes the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Superfund
<br />Amendments and Reauthorization Act of 1986, any other "Superfund" or "Superlien" law, or any other
<br />federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to,
<br />or imposing liability or standards of conduct concerning any Hazardous Materials, as now or at any time
<br />hereafter in effect.
<br />
<br /> "Hazardous Materials" means and includes any hazardous, toxic or dangerous waste, substance
<br />or material (including without limitation any materials containing asbestos) defined as such in (or for
<br />purposes of) or subject to regulation under any Environmental Laws.
<br />
<br /> "Issue Date" means the date on which the Bonds are initially authenticated and delivered to the
<br />owners of the Bonds in exchange for payment of the purchase price for the Bonds.
<br />
<br /> "Lease Term" means the period commencing as of the Issue Date and ending on November 1,
<br />2028, subject to prior termination as specified in this Lease Agreement, but ending, in any event, when all
<br />of the principal of, redemption premium, if any, and interest on all Outstanding Bonds shall have been
<br />paid in full or provision made for their payment in accordance with the provisions of the Indenture.
<br />
<br /> "Net Proceeds" means, when used with respect to any insurance or condemnation award with
<br />respect to the Project, the gross proceeds from the insurance or condemnation award with respect to which
<br />that term is used remaining a~er payment of all expenses (including attorneys' fees, trustee's fees and any
<br />extraordinary expenses of the Issuer and the Trustee) incurred in the collection of such gross proceeds.
<br />
<br />"Permitted Encumbrances" means, as of any particular time (a) liens for ad valorem taxes and
<br />special assessments not then delinquent, (b) the Indenture and this Lease, (c) utility, access and other
<br />easements and fights-of-way, mineral rights, restrictions, exceptions and encumbrances that will not
<br />materially interfere with or impair the operations being conducted on the Project Site or easements granted
<br />to the Issuer, (d) such minor defects, irregularities, encumbrances, easements, mechanic's liens, rights-of-
<br />way and clouds on title as normally exist with respect to properties similar in character to the Project and as
<br />do not in the aggregate materially impair the property affected thereby for the purpose for which it was
<br />acquired or is held by the Issuer, (e) any o~er liens, encumbrances, leases, easements, restrictions or
<br />covenants consented to in writing ~ , if the Letter of Credit is in effect, by the Bank, or if
<br />the Letter of Credit is not in effect, by the owners of 100 Vo of the principal amount of the
<br />Bonds, and (f) liens or security interests granted pursuant to any Financing Document.
<br />
<br /> "Project Site" means all of the real estate described in Exhibit A attached hereto and by this
<br />reference made a part hereof, as amended from time to time in accordance with this Lease Agreement.
<br />
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