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ARTICLE I <br />DEFINITIONS <br />Section L I. Definitions. All capitalized terns used and not otherwise defined herein <br />shall have the following meanings unless a different meaning clearly appears from the context: <br />Administrative Costs has the meaning set forth in Section 3.3; <br />Affiliate means a corporation, partnership, joint venture, association, business trust or <br />similar entity organized under the laws of the United States of America or a state thereof which <br />is directly controlled by or under common control with the Developer or any other Affiliate. For <br />purposes of this definition, control means the power to direct management and policies through <br />the ownership of at least a majority of its voting securities, or the right to designate or elect at <br />least a majority of the members of its governing body by contract or otherwise; <br />Agreement means this TIF Assistance Agreement, as the same may be from time to time <br />modified, amended or supplemented; <br />Architect means the architect selected by the Developer as the architect for the Project; <br />Business Dati means any day except a Saturday, Sunday or a legal holiday or a day on <br />which banking institutions in the City are authorized by law or executive order to close; <br />Certificate of Completion means a Certificate of Completion, a form of which is attached <br />hereto as Exhibit F with respect to each phase of the Project executed by the City and delivered <br />to the Developer pursuant to Section 3.9 hereof; <br />City means the City of Elk River, Minnesota; <br />Completion Date means the date on which the Certificate of Completion with respect to <br />each phase of the Project is executed by the City pursuant to Section 3.9 hereof; <br />Construction Costs means the capital costs of the construction of the Project, including <br />the costs of labor and materials; construction management and supervision expenses; insurance <br />and payment or performance bond premiums; architectural and engineering fees and expenses; <br />property taxes; usual and customary fees or costs payable to the City or any other public body <br />with regulatory authority over construction of the Project (e.g. building permits and inspection <br />fees); the developer fee; and all other costs chargeable to the capital account of the Project under <br />generally accepted accounting principles; <br />Construction Documents means the following documents, all of which shall be in form <br />and substance reasonably acceptable to the City: (a) evidence satisfactory to the City showing <br />that the Project conforms to applicable zoning, subdivision and building code laws and <br />ordinances, including a copy of the building permit for the Project; (b) a copy of the executed <br />standard form of agreement between owner and architect for architectural services for the <br />2 <br />EL185-50-718703.v2 <br />