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WS 08-24-2010
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WS 08-24-2010
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within the meaning of the G.O. Compliance Legislation and is subject to certain <br />restrictions imposed thereby. <br />"Event of Default" - means one or more of those events delineated in Section 2.07. <br />"Facility", if applicable, - means the Railroad Wye consisting generally of road bed, <br />rails, ties, ballast, drainage, drainage structures, road crossings and related railroad <br />appurtenances which is located, or will be constructed and located, on the Real Property <br />and all equipment that is a part thereof that was purchased with the proceeds of the <br />Program Grant, which Wye and related facilities have a <br />"Fair Market Value" — means either (i) the I <br />qualified buyer to a willing and qualified seller as <br />that all liens and encumbrances on the property b <br />of such property, will be paid and released, car' <br />public bid procedure after reasonable pub - d1 <br />encumbrances on the property being sold g <br />will be paid and released at the time of acquiAil n <br />years. <br />mce r� be paid by a willing and <br />ned "' ` appraisal that assumes <br />�}g sold that n41 e affect the value <br />the price bid b}urchaser under a <br />ice, with the provisCr t all liens and <br />rhvelyect the value 6 a"i h property, <br />by tl "chaser. <br />"G.O. Bonds" - means thatol on of the staneral obligation bonds issued under <br />the authority granted in Article of the ota Constitution the proceeds of <br />which are used to fund the PrograiGratid any bond <br />bonds. ued to refund or replace such <br />"G.O. Comp W& igoation' slaws applicable to this Agreement as such <br />exist as of the eve date osis AgredtEtiit. <br />"Grant A'""' hon" that Gain grant application attached hereto as <br />ig <br />Attachment IV tff tied to the State Entity. This definition is only <br />nee ap f the Public"ty submitted a grant application to the State <br />1��' If the � En7 v tJid not submit a grant application to the State Entity, then this <br />lhOn IS not rued anC'�'';�hrndd ho iorrnva.7 ,,,..,7 ...,,.-._� __ .� ,._ .. - _ <br />"L Yrem�s means the real estate and structures, if any, that are leased to the <br />Public Ent! }dexr U al Property/Facility Lease. This definition is only needed and only <br />applies if the' Entity's ownership interest in the Real Property, the Facility, if <br />applicable, or bob% is by way of a leasehold interest under a Real Property/Facility Lease. <br />For all other circumstances this definition is not needed and should be ignored and treated <br />as i were left blank and any reference to this term in this Agreement shall be ignored and <br />treated as r the reference did not exist. <br />"Lessor" — means the fee owner/lessor of the Leased Premises. This definition is only <br />needed and only applies if the Public Entity's ownership interest in the Real Property, the <br />Facility, if applicable, or both, is by way of a leasehold interest under a Real <br />329826v5 CLL NE136-201 <br />
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