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WHEREAS, the Qualified Entity has determined to undertake a drinking water system <br />project (as more fully described herein, the "Project") and to borrow money from the <br />Drinking Water SRF Program to construct and acquire the Project; and <br />WHEREAS, the State and the Qualified Entity desire to set forth the terms of such <br />financial assistance as hereinafter provided. <br />NOW THEREFORE, in consideration of the mutual covenants herein set forth, the <br />State and the Qualified Entity agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />Section 1.01. Definitions. The following terms shall, for all purposes of this <br />Agreement, have the following meaning: <br />"Anency" shall mean the United States Environmental Protection Agency or its <br />successor. <br />"Authorizing Instrument(sl" shall mean the separate trust indenture(s) of the <br />Qualified Entity entered into with a corporate trustee or the detailed resolution(s) or <br />ordinance(s) of the governing body of the Qualified Entity pursuant to which the Bonds are <br />issued in accordance with State law. <br />"Authorized Representative" shall mean the Controller of the Qualified Entity or such <br />other officer, official, or representative of the Qualified Entity duly authorized to act for and <br />on behalf of the Qualified Entity as provided for herein. <br />"Bond" or "Bonds" shall mean the instrument(s) which evidence(s) the Loan, as <br />authorized by the Authorizing Instrument and containing the terms set forth in Section 2.02 of <br />this Agreement. <br />"Bond Bank Bonds" shall mean any Indiana Bond Bank Drinking Water State <br />Revolving Fund Program Bonds issued as a part of the Drinking Water SRF Program. <br />"Bond Fund" shall mean the separate and segregated fund or account established and <br />created by the Political Subdivision pursuant to the Authorizing Instrument from which <br />payment of the principal of and interest on the Bonds is required to be made by the Qualified <br />Entity. <br />"Budget Agency" shall mean the State Budget Agency created under I.C. 4-12-1-3 or <br />its successor. <br />430848 2 <br />