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3 <br />“Cure Period” shall mean a period of: (a) ten (10) days after written notice of such default <br />in the case of any monetary default; and (b) thirty (30) days after a party failing to perform or <br />observe any other term or condition of this Agreement to be performed or observed by it receives <br />written notice specifying the nature of the default; provided that, if such default is of such a nature <br />that it cannot be remedied within thirty (30) days, despite reasonably diligent efforts, then the thirty <br />(30) day cure period shall be extended as may be reasonably necessary for the defaulting party to <br />remedy the default, so long as the defaulting party: (i) commences to cure the default within the <br />thirty (30) day period; and (ii) diligently pursues such cure to completion; provided that in no event <br />shall a Cure Period extend more than one hundred eighty (180) days. Notwithstanding the <br />foregoing, a Cure Period shall not be applicable to a default under an Ancillary Agreement, which <br />shall be subject to any specific cure periods for such defaults expressly set forth in such Ancillary <br />Agreement. <br />“Execution Date” shall mean the date set forth in the first paragraph of this Agreement. <br />“Fiscal Year” shall mean the period beginning each July 1 through and including June 30 <br />of the following calendar year. <br />“Issuance Costs” shall mean reasonable costs, fees and expenses incurred or to be incurred <br />by the City in connection with the issuance and sale of the Bonds, including placement or other <br />financing fees (including applicable counsel fees), attorney’s fees, financial advisor fees, <br />professional fees, the fees and disbursements of Bond Counsel, fees of the City’s municipal or <br />financial advisor, the acceptance fee of a trustee, if any, and the first year of the trustee’s fees or <br />alternatively the lump sum fee for the services of a trustee during the term of the Bonds, application <br />fees and expenses, publication costs, the filing and recording fees in connection with any filings <br />or recording necessary under a Trust Indenture, if any, or to perfect the lien thereof, the out-of- <br />pocket costs of the City, the costs of preparing or printing the Bonds and the documentation <br />supporting the issuance of the Bonds, the costs of reproducing documents, and any other costs of <br />a similar nature reasonably incurred in connection with the issuance and delivery of the Bonds, <br />this Agreement or the Ancillary Agreements, but shall not include any of the foregoing costs, fees <br />and expenses incurred or to be incurred by the Developer. <br /> “Laws” shall mean all applicable laws, statutes, and/or ordinances, and any applicable <br />governmental or judicial rules, regulations, guidelines, judgments, orders, and/or decrees, <br />including without limitation, the Act. <br />“Loan or Financing Agreement” shall mean the agreement between the Developer and the <br />City funding the loan or provision of the Bond Proceeds to the Developer. <br />“Municipal Advisor” shall mean Baker Tilly Municipal Advisors, LLC. <br />“Plat” shall mean the plat of the Project Site that has received approval of the City on or <br />before Closing and is ultimately recorded in the Office of the Recorder of St. Joseph County, <br />Indiana. <br />“Pledged IDD Revenues” shall mean that portion, attributable to the Project Site, of the <br />income tax incremental amount and the gross retail incremental amount transferred pursuant to <br />Indiana Code 36-7-32.5-18(g) to the local innovation development district fund for the IDD