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5 <br />“Survey” shall mean an ALTA survey of the Project Site certified as of a current date by a <br />reputable licensed surveyor; which Survey shall show that the Project Site is suitable for the <br />development of the Project as contemplated in this Agreement. <br />“Taxpayer Agreement” shall mean a Taxpayer Agreement and Consent to Real Property <br />Tax Lien to be executed by and between the Developer and the Redevelopment Commission, under <br />which the Developer agrees to guarantee a shortfall in the Pledged TIF Revenues relative to the <br />Projected Pledged TIF Revenues, which guarantee shall constitute a lien on the Project equivalent <br />to a property tax lien granted to the State of Indiana under IC 6-1.1-22-13, as permitted by IC 36- <br />7-25-6. <br />“TIF Revenues” shall mean all real property tax proceeds attributable to the assessed <br />valuation of the parcels comprising the Project Site as described at Exhibit B and located in the <br />Allocation Area as of each assessment date in excess of the base assessed value as described in <br />Indiana Code 36-7-14-39(b)(1) received by the Redevelopment Commission less RDC/City Direct <br />Costs. <br />“Title Commitment” shall mean a title insurance commitment for an owner’s policy of title <br />insurance that: (a) is issued by a title insurer; and (b) commits to insure marketable fee simple title <br />to the Project Site in the name of the Developer. <br />“Title Defects” shall mean conditions or defects disclosed in the Title Commitment or the <br />Survey that, in the sole determination of the Developer, will interfere with the construction and/or <br />use of the Project, provided that the lien of any mortgage or other security instruments to be <br />released at or before Closing shall not be a Title Defect. <br />“Trust Indenture” shall mean the Trust Indenture, dated as of the first day of the month in <br />which the Bonds are issued, between the City and a trustee jointly selected by the City and the <br />purchaser of the Bonds. <br />ARTICLE II. INTERPRETATION AND RECITALS <br />2.01 Interpretation. <br />(a) The terms “herein,” “hereto,” “hereunder,” and all terms of similar import <br />shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section <br />of, or Exhibit to this Agreement. <br />(b) Unless otherwise specified, references in this Agreement to (i) “Section” or <br />“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the <br />number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement <br />bearing the letter or number so specified, and (iii) references to this “Agreement” shall <br />mean this Agreement and any exhibits and attachments hereto. <br />(c) Captions used for or in Sections, Articles, and Exhibits of this Agreement <br />are for convenience of reference only and shall not affect the construction of this <br />Agreement.