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'EF- - 04 <br />(0 "Contract Pereod of Years" means the period of calendar years shown on Exhibit 1 as <br />"Term In Yyars," commencing on the Date of Initial Payment to the WPCLF as set forth an the <br />project schedu1e or., Exhibit I, provided that it shall commence no later than twelve (I2) months <br />foilowing tre actual Initiation of Qperatian of the Project Facilities, as presently determined in <br />the project s•:heduto-, but in no event shall the Contract Period of Years exceed 20 years. <br />paints(g) "Default Rate" means a rate eqval to the Contract Interest ?Rate plus three percentag;e <br />. <br />(h) "Elibibl : Project Costs" sha11 include, whether incurred before or after the date of <br />this Agreem-:,nt (bui if incutred prior to the date hereoC subject to the restrictions set forth in the <br />proviso belc w), co..ts that may be disbursed out of funds from the WP(;LF, a description a.nd <br />distribution ofwhici? su6ject to paragraph 4.1. hereo& is shown on Exlubit I which is hereby <br />incorporatee intu th is Ageemerst, and revision to which Exhibit can aGmr oniy with the <br />agreement af the State actd Borrower; provided, however, that Eligible Project Costs shall <br />include costs incurrad prior to the date hereof only if and to the extent 1:hat, in the opinion of <br />nationally recognized bond counset satisfactory to the State, the payment of such costs by the <br />State woutd not cause the interest on any debt obligations of the 4WDA to cease to be exctuded <br />from goss i:-icorne !'or purposes af federa) income taxation. <br />(i) "Faci'ities Plan" means all materials developed by the Barroiver and the Directar, <br />inctuding the Directar's- approval and any applicable conditions, in satisfaction of Ohio Revised <br />Code Scctio:i 6111.436 (Kx?). <br />(j) "Finding aFNo SignificEnt Impact" or "FNSI" means atl mat+.rials deveIoped by the <br />Borrower an I tba birector in satisfaction of Ohio Revised Code Sections 6111.036 {K}(5) and <br />(4 <br />(k) "Initiation of pperation" means the date that aIl Project Facilities are in fuli and <br />sustained opp;,ration im pia:nned and designed <br />(1) "1'arti-Wipt?:tion Rate" means the dollar amount per semi-annual period necessary to <br />amor;ixe s principal amount af ane doliar over the Contract Period of Years at the Contract <br />T7tcrest Rate. <br />(m) "Performance Certifica:ion" means the certification by the Eorrower that the Project <br />Facilities aze .-neeting the agreed upon perFormance criteria on the date ane year after Initiation <br />of Operation of the Project Facilities. <br />(n) "Perforzr_ance Criteria" means the standards set forth by the :Director and agreed to in <br />writing by thc Borro7Ner which the Sorrower shall meet for the design li °e of the Project <br />Facilities. <br />(o) "F'ledged Revenues" means the one or more dedicate3 sourc-as of revenue for <br />payment of tre 5emi-.Annuai Payment, a11 as described in Exhibit 2, which shall include, unZess <br />3