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(g) "Development Timeline" means an estimated timeline for development of the
Project, which was prepared by Developer and approved by EDA.
(h) "Financial Offering Memo" means a draft offering memo for Developer's private
placement of bonds to finance the development and construction of the Project. Such offering
memo shall be in the form and level of detail typically utilized by a prospective bond investor, and
shall describe the Project and the primary financing documents.
(i) "Project" has the meaning set forth in the recitals to this Agreement.
(j) "Substantial Completion" has the meaning set forth in ( c) above.
(k) "Unavoidable Delay" means a delay due to causes beyond a Party's control,
including but not restricted to strikes, lockouts, actions of labor unions, riots, injunction,
explosions affecting the Project, acts of God or of the public enemy, acts of government,
insurrection, mob violence, terrorism (foreign or domestic), civil commotion, sabotage, malicious
mischief, vandalism, inability (notwithstanding good faith and diligent efforts) to procure, or
general shortage oflabor , equipment, facilities, materials, or supplies in the open market, failures
of transportation, fires, other casualties, disputes with insurers, failure of insurers to pay an insured
claim, epidemics, quarantine restrictions, freight embargoes, severe weather which physically
damages the Project or otherwise impairs Developer 's ability to proceed with construction of the
Project, inability (notwithstanding good faith and diligent efforts) to obtain governmental permits
or approvals, or delays of Contractors due to such causes, unexpected soil or below ground
conditions that impairs construction of the Project, or any other cause or contingency similarly
beyond the control of the Parties or Developer's Contractors.
(I) Other capitalized terms shall have the meanings and definitions set forth in the
Purchase Contract.
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