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<br />“Person” or words importing persons mean firms, associations, partnerships
<br />(including without limitation, general and limited partnerships), limited liability companies, joint
<br />ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities
<br />and natural persons.
<br />“Project” means the acquisition, development, construction, equipping, renovation,
<br />and/or reconstruction of space in the former South Bend Tribune building, along with new
<br />construction of an adjacent building along Main and Colfax in the City to include approximately
<br />202,000 rentable square feet of flexible workspace and ground-floor retail located in the Lafayette
<br />North Allocation Area (as defined in the Indenture) established by the Redevelopment
<br />Commission.
<br />“Redevelopment Commission” means the South Bend Redevelopment
<br />Commission.
<br />“State” means the State of Indiana.
<br />“Target Completion Date” means January 1, 2029, subject to Section 8.8 of this
<br />Agreement.
<br />“Taxpayer Agreement” means the Taxpayer Agreement, dated as of __________
<br />1, 2026, among the Redevelopment Commission, the City and the Company.
<br />“Trustee” means _____________________________________, acting as trustee
<br />pursuant to the Indenture.
<br />Interpretation. Any reference herein to the City, to the Legislative Authority or to any
<br />member or officer of the City includes entities or officials succeeding to their respective functions,
<br />duties or responsibilities pursuant to or by operation of law or lawfully performing their functions.
<br />Any reference to a section or provision of the Constitution of the State or the Act,
<br />or to a section, provision or chapter of the Indiana Code or to any statute of the United States of
<br />America, includes that section, provision or chapter or statute as amended, modified, revised,
<br />supplemented or superseded from time to time; provided, that no amendment, modification,
<br />revision, supplement or superseding section, provision or chapter or statute shall be applicable
<br />solely by reason of this provision, if it constitutes in any way an impairment of the rights or
<br />obligations of the City or the Company under this Agreement.
<br />Unless the context indicates otherwise, words importing the singular number
<br />include the plural number, and vice versa; the terms “hereof”, “hereby”, “herein”, “hereto”,
<br />“hereunder” and similar terms refer to this Agreement; and the term “hereafter” means after, and
<br />the term “heretofore” means before, the date of the Loan. Words of any gender include the
<br />correlative words of the other genders, unless the sense indicates otherwise.
<br />Captions and Headings. The captions and headings in this Agreement are solely for
<br />convenience of reference and in no way define, limit or describe the scope or intent of any Articles,
<br />Sections, subsections, paragraphs, subparagraphs or clauses hereof.
<br />(End of Article I)
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