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"State"means the State of Indiana. <br /> Interpretation. Any reference herein to the City, to the Common Council, to the <br /> Redevelopment Commission, or to any member or officer of the City includes entities or officials <br /> succeeding to their respective functions, duties or responsibilities pursuant to or by operation of <br /> law or lawfully performing their functions. <br /> Any reference to a section or provision of the Constitution of the State or the Act, or to a <br /> section,provision or chapter of the Indiana Code or to any statute of the United States of America, <br /> includes that section,provision or chapter or statute as amended,modified, revised, supplemented <br /> or superseded from time to time;provided,that no amendment,modification,revision,supplement <br /> or superseding section, provision or chapter or statute shall be applicable solely by reason of this <br /> provision, if it constitutes in any way an impairment of the rights or obligations of the City or the <br /> Borrower under this Agreement. <br /> Unless the context indicates otherwise, words importing the singular number include the <br /> plural number, and vice versa; the terms "hereof', "hereby", "herein", "hereto", "hereunder"and <br /> similar terms refer to this Agreement; and the term "hereafter" means after, and the term <br /> "heretofore" means before, the date of the Loan. Words of any gender include the correlative <br /> words of the other genders,unless the sense indicates otherwise. <br /> The Form of Promissory Note, attached hereto as Exhibit A, is by reference made a part <br /> hereof. <br /> Captions and Headings. The captions and headings in this Agreement are solely <br /> for convenience of reference and in no way define, limit or describe the scope or intent of any <br /> Articles, Sections, subsections,paragraphs, subparagraphs or clauses hereof. <br /> ARTICLE II. <br /> REPRESENTATIONS; LOAN TO THE COMPANY <br /> Representations of the City. The City represents and warrants that: <br /> (a) The City is a municipal corporation organized and existing under the laws of the <br /> State. Under the provisions of the Act, the City is authorized to enter into the transactions <br /> contemplated by this Agreement and to carry out its obligations hereunder. The City has been <br /> duly authorized to execute and deliver this Agreement. <br /> (b) The City agrees to make the Loan to the Borrower in the amount of not to exceed <br /> $4,000,000 pursuant to the terms and conditions hereof and the Development Agreement for the <br /> costs associated with the acquisition and construction of the Project to create additional <br /> employment opportunities in the City and to benefit the health, safety, morals and general welfare <br /> of the citizens of City and the State. <br /> Representations and Covenants of the Borrower. The Borrower represents and <br /> warrants that: <br /> 4 <br />