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-2- <br />“Code” means the Internal Revenue Code of 1986, as amended. Each reference to a <br />Section of the Code herein shall be deemed to include the relevant United States Treasury <br />Regulations proposed or in effect thereunder. <br />“Collateral” has the meaning set forth in Section 6.02. <br />“Commencement Date” means the date when Lessee’s obligation to pay rent commences <br />hereunder, which shall be the date on which the Acquisition Amount is deposited with the <br />Escrow Agent. <br />“Contract Rate” means the rate identified as such in the Payment Schedule. <br />“Disbursement Request” means the disbursement request attached to the Escrow <br />Agreement as Schedule 1 and made a part thereof. <br />“Enterprise Fund” means the Water Pollution Control Plant Enterprise Fund established <br />and held by the City, and referred to as the “Enterprise Fund” in the Project Finance Agreement. <br />“Equipment” means the equipment, fixtures and other goods and property listed in the <br />Equipment Schedule and all replacements, repairs, restorations, modifications and improvements <br />thereof or thereto made pursuant to Article V or Section 8.01. Whenever reference is made in <br />this Agreement to Equipment, such reference shall be deemed to include all such replacements, <br />repairs, restorations, modifications and improvements of or to such Equipment. <br />“Equipment Costs” means the total cost of the Equipment, including related soft costs <br />such as freight, installation and taxes and other capitalizable costs, and other costs incurred in <br />connection with the acquisition, installation and/or financing of the Equipment. <br />“Equipment Schedule” means the Equipment Schedule attached hereto as Exhibit A and <br />made a part hereof (including any duly authorized and executed amendments thereto). <br />“Escrow Account” means the account established and held by the Escrow Agent pursuant <br />to the Escrow Agreement. <br />“Escrow Agent” means the Escrow Agent identified in the Escrow Agreement, and its <br />successors and assigns. <br />“Escrow Agreement” means the Escrow and Account Control Agreement in form and <br />substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to <br />which the Escrow Account is established and administered. <br />“Event of Default” means an Event of Default described in Section 12.01. <br />“Event of Non-appropriation” means the failure of Lessee’s governing body to <br />appropriate or otherwise make available funds to pay Rental Payments under this Agreement <br />281