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"Additional Rent" means amounts payable by the City to parties <br /> other than Lessor, pursuant to Section 4 . 2 of the Lease, including <br /> but not limited to taxes and utilities and Non-Capitalized <br /> Financing Costs. <br /> "Agreement" means this Trust Agreement. <br /> "Authorized Representative of the City" means the Mayor, the <br /> Director of Finance of the City, the City Treasurer, and/or any <br /> other person designated in writing by the Mayor and whose signature <br /> is on file with the Trustee. <br /> "Assignment" means that certain Assignment of even date <br /> herewith executed by Lessor, Underwriter, City and Trustee for <br /> purposes of assigning all Lessor's right, title (if any) and <br /> interest in the Ground Lease, Lease, and the Improvements to the <br /> Trustee for the benefit of the Underwriter or its designees. <br /> "Business Day" means any day other than a Saturday, a Sunday, <br /> a day on which banking institutions in the State of Washington, the <br /> State of New York, or any state in which the Principal Office of <br /> the Trustee is located is closed, or a day on which the New York <br /> Stock Exchange is closed. <br /> "Capitalized Financing Costs" means those Financing Costs that <br /> the City, in its sole discretion, determines to finance by adding <br /> such amounts to the principal component of Lease Payments. Such <br /> determination must be made following acceptance of the <br /> Improvements, and prior to bidding the take-out financing. <br /> "Certificate Counsel" means the law firm of Preston <br /> Thorgrimson Shidler Gates & Ellis, or any other nationally <br /> recognized bond counsel firm acceptable to the City and the <br /> Trustee. <br /> "Certificates" means the Certificates of Participation <br /> executed and delivered by the Trustee pursuant to Article III of <br /> this Agreement. <br /> "City" means the City of Everett, a duly organized and exist- <br /> ing municipal corporation of the State of Washington. <br /> "Code" means the federal Internal Revenue Code of 1986, as <br /> amended, and the applicable rulings and regulations, proposed or <br /> promulgated thereunder. <br /> "Construction Contract" means the contract by and between City <br /> and Lessor for construction of the Improvements, dated December 12 , <br /> 1990. <br /> -3- D0T437 91/09/24 <br />