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BRIGGS&MORGRN Fax:6512236645 Dec 11 '98 16:55 P.09 • Si -gImprovements means the site improvements related to the Minimum Improvements and any other facilities to be constructed on the Development Property; • State means the State of Minnesota; Tax Increments means the tax increments derived by the City under the Tax Increment Act from the Development Property; Tax Increment Act means the Tax Increment Financing Act, Minnesota Statutes, Sections 469 .174 through 469.179, as amended; Tax Increment Bonds or Bonds means the $. , 000,000 General Obligation Tax Increment Bonds& the proceeds of which will be used to finance the costs of the Development Property, the Adjacent Development Property and Site Improvements to be reimbursed .by the City; the term "Bonds" shall also include any bonds or obligations issued to refund any Bonds; Tax Increment District means the tax increment financing district described in Exhibit A and qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financin_Q Plan means the tax increment financing plan approved for the Tax Increment District under the Tax Increment Act; Termination Date means the date of expiration of this Agreement and the Assessment Agreement as provided in Section 6.1; Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, acts of any federal, state or local:,.governmental unit (other than the City) which directly result in delays (except with respect to performance of the City's obligations hereunder) , failure to receive or delays in the receipt of necessary approvals from federal, state or local authorities, which directly result in delays, or the inability of the Developer to acquire the Devel- •meat Pro- -r on terms acce•table to the Develo.er. Time lost as a result of Unavoidable Delays applicable to any deadline set forth in this Agreement shall be added to extend said deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays . 965316.Red V2 to V1; IZ(11(98 5