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by this methodology. <br />"Safe Drinking Water Act" shall mean the Safe Drinking Water Act, 42 U.S.C. §§ 300f <br />et seq. and other laws, regulations and guidance supplemental thereto (including the American <br />Recovery and Reinvestment Act), as amended and supplemented from time to time. <br />"Settlement Costs" shall mean any and all fees, costs, losses or expenses incurred (or <br />estimated to be incurred) by the Finance Authority resulting or arising from a Loan Reduction <br />Payment (including without limitation interest and earnings differentials when the Finance <br />Authority seeks to lend such Loan Reduction Payment to another Drinking Water SRF Program <br />borrower). In connection with the Loan made pursuant to this Agreement, there are agreed to be <br />no Settlement Costs. <br />"Settlement Fee" shall mean a fee payable by the Participant to the Finance Authority to <br />compensate the Finance Authority for its Settlement Costs in circumstances where there has been <br />a Loan Reduction Payment. <br />"SRF Policy Guidelines" shall mean guidance of general applicability (as from time to <br />time published, amended and supplemented by the Finance Authority) pertaining to participants <br />utilizing financial assistance in connection with their projects funded in whole or in part through <br />the Drinking Water SRF Program. <br />"State" shall mean the State of Indiana. <br />"2009 Recovery Grant" shall mean the federal capitalization grant, if any, made <br />available to the Finance Authority pursuant to the American Recovery and Reinvestment Act by <br />the Agency for use as part of the Drinking Water SRF Program, provided that such grant is <br />available and designated by the Finance Authority as a source of funding for all or a portion of <br />the Loan, whether such designation by the Finance Authority occurs when this Agreement is <br />entered into or later. <br />"Substantial Completion of Construction" shall mean the day on which the Finance <br />Authority (or if designated by the Finance Authority, the Department) determines that all but <br />minor components of the Project have been built, all equipment is operational and the Project is <br />capable of functioning as designed. <br />"Trustee" shall mean The Bank of New York Mellon Trust Company, N.A., <br />Indianapolis, Indiana, in its capacity as trustee or its successor under the Drinking Water SRF <br />Indenture. <br />(End of Article I) <br />7 <br />