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ANNEX A <br /> DEFINED TERMS <br /> As used in the Agreement,the following terms have the respective meanings set forth below: <br /> "Consent"means all consents, approvals, notices, waivers or other actions required in connection <br /> with the execution, delivery and performance of this Agreement. <br /> "Contract" means any agreement, understanding, contract, purchase order, obligation, promise, <br /> arrangement, commitment or undertaking (whether written or oral and whether express or <br /> implied) including, in each case, all amendments, modifications and supplements thereto. <br /> "Governmental Entity" means any federal, state or local governmental authority, any court, <br /> administrative or regulatory agency or commission or other governmental authority or agency, <br /> domestic or foreign. <br /> "Indebtedness" means, as of any particular time, the unpaid principal amount of and accrued <br /> interest on all indebtedness for borrowed money including all outstanding amounts under (i) <br /> notes, bonds, debentures, and similar instruments; (ii) obligations under conditional sale or other <br /> title retention agreements; (iii) deferred purchase price for property or services; (iv) guarantees <br /> of indebtedness of any other Person; (v) repayment of any of the foregoing. <br /> "Law" means any law, rule, regulations, judgment, injunction, order, decree or other restriction <br /> of any court or Governmental Entity. <br /> "Lien" means any lien, security interest, mortgage, deed of trust, pledge, hypothecation, claim, <br /> charge or encumbrance of any kind. <br /> "Losses" means any and all losses, liabilities, damages, obligations, costs, payments, <br /> deficiencies, fines, penalties, assessments, expenses (including expenses incurred in <br /> investigating, defending and asserting claims and reasonable attorneys' fees), judgments, <br /> settlements and other charges or claims. <br /> "Person" means an individual, a partnership, a corporation, a limited liability company, an <br /> association, a joint stock company, a trust, a joint venture, an unincorporated organization or <br /> other entity, or a Governmental Entity or any department, agency or political subdivision thereof. <br /> 14 <br />