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No. 0976 reducing the annual rentals on the lease for the AEDA Public Improvement Project, and approving the execution of an addendum to the lease
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No. 0976 reducing the annual rentals on the lease for the AEDA Public Improvement Project, and approving the execution of an addendum to the lease
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the Trust Agreement, leases, subleases and other <br />agreements permitted pursuant to Section 13 hereof, <br />(c) utility, access and other easements and <br />rights -of -way, restrictions and exceptions that <br />Lessee certifies will not interfere with or impair <br />the Projects, (d) any mechanics', laborers', <br />materialmen's, suppliers' or vendors' lien or right <br />in respect thereof if payment is not yet due and <br />payable and (e) such minor defects, irregularities, <br />encumbrances, easements, rights -of -way and clouds <br />on title as do not, in the opinion of the Trustee, <br />materially impair the Authority's interest in or <br />Lessee's use of the Projects. <br />"Taxable Project" means the real estate <br />(including all right -of -way easements contained <br />therein) in St Joseph County, Indiana, and <br />improvements to be made thereon by the Authority or <br />its agent according to plans and specifications <br />prepared by Cole Associates, Inc. and Clyde E. <br />Williams and Associates, Inc., project engineers, <br />all as described in Exhibit B hereto. The above <br />mentioned plans and specifications may be changed <br />and additional construction work may be performed <br />and improvements may be purchased by the Authority, <br />but only with the approval of the Lessee (which <br />approval shall not be withheld by the Lessee in the <br />event of the inability of the Authority to acquire <br />timely and at a reasonable price all of those real <br />property interests constituting part of the Taxable <br />Project which must be obtained by eminent domain, <br />if any), and only if such changes or modifications <br />or additional construction work or improvements do <br />not alter the character of the Project or reduce the <br />value thereof. Any such additional construction <br />work or additional improvements shall be part of the <br />property covered by this Lease. The above - mentioned <br />plans and specifications have been filed with and <br />approved by the Lessee. <br />"Taxable Lease Resolution" means Resolution <br />No. 967 of the Commission passed on December 21, <br />1990, as amended by Resolution No. 972 of the <br />Commission passed on January 11, 1991, establishing <br />funds for the payment of lease rentals for the <br />Taxable Project, as defined herein. <br />"Tax- Exempt Project" means the real estate <br />(including all right -of -way easements contained <br />therein) in St. Joseph County, Indiana, and <br />improvements to be made thereon by the Authority or <br />its agent according to plans and specifications <br />prepared by Cole Associates, Inc. and Clyde E. <br />Williams and Associates, Inc., project engineers, <br />-2- <br />
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