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-4- <br />other similar arrangement, agreement or understanding, whether written or oral, except for use of <br />the Equipment on the same basis as the general public. Private Business Use includes any <br />formal or informal arrangement with any Person other than a state or local governmental unit (A) <br />that conveys special legal entitlements to any portion of the Equipment, or (B) under which any <br />Person other than a state or local governmental unit has any special economic benefit with <br />respect to any portion of the Equipment that is not available for use by the general public. <br />“Project Finance Agreement” means the Project Finance Agreement dated August 4, <br />2011, between the Lessee and the California State Water Resources Control Board, relating to <br />State Revolving Fund Project No. C-06-7002-110, Agreement No. 11-806-550, pursuant to <br />which Lessee financed the Clean Water Project, as supplemented and amended. <br />“Related Documents” means this Agreement, the Escrow Agreement and the Vendor <br />Agreement, each as may be amended and supplemented. <br />“Renewal Terms” means the consecutive renewal terms of this Agreement, the first of <br />which commences immediately after the end of the Original Term and each having a duration <br />and a term coextensive with each successive fiscal year of Lessee; provided that the final such <br />Renewal Term shall commence on the first day of the last such fiscal year and end on the first <br />business day after the last scheduled Rental Payment Date. <br />“Rental Payment Date” means each date on which Lessee is required to make a Rental <br />Payment under this Agreement as specified in the Payment Schedule. <br />“Rental Payments” means the basic rental payments payable by Lessee on the Rental <br />Payment Dates and in the amounts as specified in the Payment Schedule, consisting of a <br />principal component and an interest component, and in all cases sufficient to repay such <br />principal component and interest thereon at the applicable Contract Rate (or Taxable Rate if then <br />in effect). <br />“Scheduled Term” means the Original Term and all Renewal Terms, with a final <br />Renewal Term ending on January 22, 2036 as set forth in Exhibit B attached hereto. <br />“SEC” means the U.S. Securities and Exchange Commission. <br />“Special Counsel” means Jones Hall, A Professional Law Corporation. <br />“State” means the State of California. <br />“Taxable Rate” means, for each day that the interest component of Rental Payments is <br />taxable for Federal income tax purposes, an interest rate equal to the Contract Rate plus a rate <br />sufficient such that the total interest to be paid on any Rental Payment Date would, after such <br />interest was reduced by the amount of any Federal, state or local income tax (including any <br />interest, penalties or additions to tax) actually imposed thereon, equal the amount of interest <br />otherwise due to Lessor. <br />283