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1 1 WHEREAS, the Parties agree that it is of mutual benefit for the Parties to enter into this Agreement relating to the Project, the Local Public Improvements and certain other matters described herein that will include the commitments of each Party with respect thereto; I NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: SECTION 1. DEFINITIONS. Certain capitalized terms are used in this Agreement as specifically defined herein. 1 These definitions are set forth or referred below and/or throughout this Agreement: 1.1 Assessed Value. "Assessed Value" shall mean the market value-in-use of a property, used for property tax assessment purposes as determined by the St. Joseph County I Assessor. 1.2 Board of Works. "Board of Works" shall mean the Board of Public works of the 1 City, a public body granted the power to award contracts for public works pursuant to IC 36-1- 1 12. 1.3 Funding Amount. "Funding Amount" shall mean an amount not to exceed Ten Thousand and no/100 Dollars ($10,000.00) of tax increment finance revenues to be used for paying the costs to construct the Local Public Improvements. 1 1.4 Private Investment. "Private Investment" means the sum of the construction and improvement costs associated with the Project, including architectural,engineering and any other 1 costs directly related to construction of the Project that are expected to contribute to increases in the Assessed Value of the improvements comprising the Company Property. The Private Investment is described on Exhibit B attached hereto and incorporated herein. SECTION 2. INTERPRETATION,TERM AND RECITALS. 1 2.1 Interpretation. (a) The terms "herein", "hereto", "hereunder" and all terms of similar import shall be deemed to refer to this Agreement as a whole rather than to any Article, Section or Exhibit to this Agreement. (b) Unless otherwise specified, references in this Agreement to (i) "Section" or "Article" shall be deemed to refer to the Section or Article of this Agreement bearing the number so specified, (ii) "Exhibit" shall be deemed to refer to the Exhibit of this 1 Agreement bearing the letter or number so specified, and (iii) references to this "Agreement" shall mean this Agreement and any exhibits and attachments hereto. 3 , (c) Captions used for or in Sections, Articles and Exhibits of this Agreement 1 are for convenience of reference only and shall not affect the construction of this Agreement. 1