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(d) “Development Agreement” has the meaning set forth in the recitals to this
Contract.
(e) “Deposit” means the sum of One Dollar ($1.00) to be paid by Developer to EDA
at the time of execution of this Contract.
(63) “Environmental Law” shall mean all federal, state, county, municipal, and local
law and any amendments thereto (whether common law, public law, ordinance, rule, order,
regulation, or otherwise), order, permit, directive, judgment, decree, or other enforceable
requirement of governmental authorities relating to the environment, natural resources, public
health, safety, or to any Hazardous Material, including, without limitation, the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation
Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.,
the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq.,
the Toxic Substances Control Act, 15 U.S.C. § 2601 et_seg., the Emergency Planning and
Community Right-To-Know Act, 42 U.S.C. § 11001 et seq., the Occupational Safety and Health
Act, 29 U.S.C. § 651 et seq., and all regulations, orders, decisions, and decrees now or hereafter
promulgated concerning any of the above.
(g) “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 provided to prospective bond investors, and
shall describe the Project and the primary financing documents.
(h) “Hazardous Material” shall mean any of the following and any substance or
material that contains any of the following: (a) any substance that is then defined or listed in, or
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