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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• "Project" --The land,the buildings, structures and other improvements, and those items of <br /> fixtures, machinery, equipment and other tangible personal property acquired, constructed and <br /> equipped, in whole or in part,with the proceeds of the Bonds(including any changes in, additions <br /> to,substitutions for or deletions of facilities or portions thereof made under Section 3.3 hereof). As <br /> presently contemplated by the existing plans and specifications prepared by or on behalf of the <br /> Company, the Project is generally described in Exhibit A hereto. <br /> "Project Costs" --All costs and expenses incurred with respect to the development, design, <br /> engineering,acquisition,equipping,construction,assembly,inspection,testing,completion and start- <br /> up of the Project, including,without limitation: <br /> (a) obligations of the Issuer or the Company incurred for labor and <br /> materials (including obligations payable to the Company) in connection with the <br /> acquisition,construction or equipping of the Project,including reimbursement to the <br /> Company or its affiliates for all advances and payments (including interest) made <br /> prior to or after delivery of the Bonds; <br /> (b) the cost of performance or other bonds and any and all types of <br /> insurance that maybe necessary or appropriate to have in effect during the course of <br /> construction of the Project; <br /> (c) all costs of engineering and architectural services,including the costs <br /> • of the Issuer or the Company for test borings, surveys, estimates, plans and <br /> specifications and preliminary investigations therefor, and for supervising <br /> construction, as well as for the performance of all other duties required by or <br /> consequent to the proper construction of the Project; <br /> (d) all expenses incurred in connection with the issuance of the Bonds, <br /> including, without limitation, compensation and expenses of the Trustee, <br /> compensation to any financial consultants or underwriters, legal fees and expenses, <br /> costs of printing, and recording and filing fees; <br /> (e) all fees for examination of title or title insurance, and for recording <br /> this Lease Agreement and the Indenture or filing any financing statements; <br /> (f) any sums required to reimburse the Issuer or the Company for <br /> advances (including interest) made by either of them or any of the Company's <br /> affiliates for any of the above items or for any other costs incurred and for work done <br /> by either of them or any of the Company's affiliates which are properly chargeable <br /> to the Project; <br /> 5 <br />
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