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<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 />t due and <br />t <br />i <br /> ye <br />s no <br />in respect thereof if payment <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 />tate <br />l <br />" <br /> es <br />means the rea <br />"Taxable Project <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 />difications <br /> if any), and only if such changes or mo <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 />all as described in Exhibit C hereto. The above <br />mentioned plans and specifications may be changed <br />and additional construction work may be performed <br />r~ <br />~~ <br />D-31 <br />