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07-14-1999 Additions
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07-14-1999 Additions
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8/22/2012 11:40:17 AM
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Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. ch. 115C, and any other <br />federal, state, county, municipal, local or other statute, law, ordinance or regulation which <br />may relate to or deal with human health or the environment, all as may be from time to <br />time amended; <br />Event of Default means any of the events described in Section 4.1 hereof; <br />Final Plans means the final plans and specifications for the Project based upon the <br />Preliminary Plans and approved by the City in accordance with Section 2.3(c) hereof; <br />Hazardous Substance means asbestos, urea formaldehyde, polychlorinated <br />biphenyls, nuclear fuel or material, chemical waste, radioactive material, explosives, <br />known carcinogens, petroleum products and by- products and other dangerous, toxic or <br />hazardous pollutants, contaminants, chemicals, materials or substances listed or identified <br />in, or regulated by, any Environmental Law; <br />Land Acquisition Costs means the costs of acquiring the Development Property, <br />including the purchase price and /or the amount of condemnation awards or judgments <br />paid for the Development Property, costs incurred in establishing good title to the <br />Development Property and any applicable relocation costs paid in connection with any <br />condemnation of the Development Property, whether such costs are paid directly by the <br />Developer or reimbursed by the Developer to the City; <br />Letter of Credit means the letter of credit to provided by the Developer in favor of <br />the City in accordance with Section 3.1(c) hereof; <br />Note Payment Date means August 1, 2002, and each February 1 and August 1 of <br />each year thereafter to and including August 1, 2009; provided, that if any such Note <br />Payment Date should not be a Business Day, the Note Payment Date shall be the next <br />succeeding Business Day; <br />Permitted Encumbrances means those encumbrances, liens, easements, covenants, <br />declarations, restrictions and other title matters referred to in Exhibit B; <br />Preliminary Plans means the preliminary site plan and preliminary specifications <br />for the Project attached hereto as Exhibit C; <br />Project means the approximately 16,000 square foot commercial facility to be <br />located on the Development Property and to be constructed by Developer in accordance <br />with this Agreement and the Final Plans; provided that in the event the size of the <br />1058683RED <br />V5 to V4; 7/14/99 3 <br />PAGE 20 <br />
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