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“Effective Date” means the date of this Agreement. <br />“Eligible Project Costs” means amounts in the Project Budget approved by the WIFIA <br />Lender, which are paid by or for the account of the Borrower in connection with the Project <br />(including, as applicable, Project expenditures incurred prior to the receipt of WIFIA credit <br />assistance), which shall arise from the following: <br />(a)development-phase activities, including planning, feasibility analysis <br />(including any related analysis necessary to carry out an eligible project), revenue <br />forecasting, environmental review, permitting, preliminary engineering and design work <br />and other preconstruction activities; <br />(b)construction, reconstruction, rehabilitation, and replacement activities; <br />(c)the acquisition of real property or an interest in real property (including <br />water rights, land relating to the Project and improvements to land), environmental <br />mitigation (including acquisitions pursuant to Section 3905(8) of Title 33 of the United <br />States Code), construction contingencies, and acquisition of equipment; or <br />(d)capitalized interest (with respect to Obligations other than the WIFIA <br />Loan) necessary to meet market requirements, reasonably required reserve funds, capital <br />issuance expenses, and other carrying costs during construction; <br />provided, that Eligible Project Costs must be consistent with all other applicable federal <br />law, including the Act. <br />“Eligible Project Costs Documentation” has the meaning provided in Section 1 of <br />Exhibit D (Requisition Procedures). <br />“EMMA” means the Electronic Municipal Market Access system as described in 1934 Act <br />Release No. 59062 and maintained by the Municipal Securities Rulemaking Board established <br />pursuant to Section 15B(b)1 of the Securities Exchange Act of 1934, as amended, and its <br />successors. <br />“Environmental Laws” has the meaning provided in Section 12(p) (Representations and <br />Warranties of Borrower – Environmental Matters). <br />“EPA” means the United States Environmental Protection Agency. <br />“Event of Default” has the meaning provided in Section 17(a) (Events of Default and <br />Remedies). <br />“Event of Loss” means any event or series of events that causes any portion of the System <br />to be damaged, destroyed or rendered unfit for normal use for any reason whatsoever, including <br />through a casualty, a failure of title, or any loss of such property through eminent domain. <br />6 <br /> <br />