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<br />or canals; temporary inability to obtain supplies, materials or govermnental permits or licenses; or any <br />other cause or event not reasonably within the control of Lessor. <br /> <br />"Ground Lease" means the Ground Lease, dated as of , 2007, by which the <br />City leases the Land to the Authority, as amended or supplemented from time to time. <br /> <br />"Independent," when used with reference to an attorney, engineer, architect, certified public <br />accountant, consultant or other professional person, means a person who (i) is in fact independent, <br />(ii) does not have any material financial interest in the Authority or City or the transaction to which such <br />person's Certificate or opinion relates (other than payment to be received for professional services <br />rendered), and (iii) is not connected with the Authority or the City as an officer, director or employee. <br /> <br />"Independent Counsel" means an Independent attorney duly admitted to practice law before the <br />highest court of any state. <br /> <br />"Land" means the real property described in EXHIBIT A hereto, including any property added to <br />or substituted for any portion of the Land as permitted by this Lease. <br /> <br />"Landfill Grant" means any grant received by the City from the County under the County's <br />Landfill Abatement Legacy Grant Program pursuant to the grant application filed by the City on or before <br />April 16, 2007. <br /> <br />"Lease" means this Lease Agreement between the Authority, as Lessor, and the YMCA, as <br />Lessee, as it may be supplemented or amended from time to time. <br /> <br />"Lease Term" has the meaning provided in Section 3.07 hereof. <br /> <br />"Lessee" means The Young Men's Christian Association of Metropolitan Minneapolis, a <br />Minnesota corporation with its principal office located in Minneapolis, Minnesota, its successors and <br />assIgns. <br /> <br />"Lessee Equipment" means equipment that is purchased or leased by Lessee with funds other <br />than proceeds of the Bonds and installed in the Building, including any all parts, fittings, accessories, <br />replacements, substitutions, betterments or repairs thereto, excluding any such equipment purchased or <br />leased by Lessee after it becomes and so long as it remains a part of the Equipment. <br /> <br />"Maturity Date" means the date all of the Bonds have been paid in full, redeemed or defeased in <br />accordance with their terms. <br /> <br />"Maximum Bond Amount" means $12,000,000 in original principal amount plus an additional <br />two percent of that amount as permitted under Minnesota Statues, Section 475.56. <br /> <br />''Net Proceeds," when used with respect to proceeds of insurance or a condemnation award, <br />means money received or receivable by Lessor, as owner or as lessee under the Ground Lease of the Land <br />or the Facilities, less the cost of recovery (including reasonable attorneys' fees) of such money from the <br />insuring company or the condemning authority. <br /> <br />"Opinion of Counsel" means a written opinion of counsel (who need not be Independent Counsel <br />unless so specified) appointed by Lessor or Lessee. If and to the extent required by the provisions of <br />Section 1.02 hereof, each Opinion of Counsel shall include the statements provided for in said Section <br />1.02. <br /> <br />4 <br />