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<br />"Building" means the approximately 51,000 to 59,000 square-foot facility to be constructed on <br />the Land, including a full-sized gymnasium containing approximately 8,000 square feet, an aquatic <br />center, and other features described in Exhibit B hereto. <br /> <br />"Certificate of Occupancy" means a certificate provided by the building inspector for the City and <br />relating to the Building, stating that the Building has been completed and, subject to installation of the <br />Equipment, is ready for occupancy. <br /> <br />"City" means the City of Elk River, a statutory city and political subdivision of the State of <br />Minnesota, and any successor to its functions. <br /> <br />"City Council" means the City Council of the City and any successor as governing body of the <br /> <br />City. <br /> <br />"Code" means the Internal Revenue Code of 1986, as amended, and the Treasury Regulations <br />promulgated thereunder. <br /> <br />"Completion Certificate" means a certificate of the Authorized City Representative, substantially <br />in the form and substance of the attached EXHIBIT C, furnished to the Authority and Lessee, stating that <br />the Building has been completed and the Equipment has been installed in the Building. <br /> <br />"Completion Date" means the date of completion of construction and equipping of the Facilities, <br />as established in accordance with Section 2.0l(h) hereof. <br /> <br />"Contractor" means the general contractor selected by the Authority to construct the Building. <br /> <br />"Costs ofIssuance" means with reference to any series of Bonds means, without duplication, any <br />and all out-of-pocket costs incurred by the City and the Authority in the authorization, sale and issuance <br />of that series of Bonds, including, but not limited to, all legal, fmancial advising and accounting fees and <br />expenses; underwriters' fees or commissions (including any such amounts in the form of underwriter's <br />discount); printing and engraving costs; the initial or acceptance fee and expenses of the bond registrar <br />and paying agent; all fees and taxes required in connection with recording or filing this Lease and the <br />Ground Lease; and all other out-of-pocket expenses incurred in connection with the preparation of the <br />Bond Resolution, this Lease, the Ground Lease, and any other documents related to the Bonds. <br /> <br />"County" means Sherbume County, Minnesota. <br /> <br />"Equipment" means the equipment acquired with proceeds of the Bonds by Lessor in accordance <br />with Section 2.01(1) hereof and placed in the Building or on the Land, including any and all parts, fittings, <br />accessories, replacements, substitutions, betterments or repairs thereto, as fully described in the <br />Completion Certificate. <br /> <br />"501(c)(3) Organization" means an organization described in Section 50l(c)(3) of the Code. <br /> <br />"Facilities" means, collectively, the Building and the Equipment. <br /> <br />"Force Majeure" means anyone or more of the following: acts of God; strikes, lockouts or other <br />economic disturbances; acts of public enemies; orders or restraints of any kind of the government of the <br />United States or of the State of Minnesota or any of their respective departments, agencies or officials, or <br />any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts, floods <br />or other adverse weather conditions; explosions; breakages or accident to machinery, transmission pipes <br /> <br />3 <br />