Everett Public Facilities District 8/23/2018

City Hotel/Motel Tax Contribution means One Hundred Thousand Dollars ($100,000.00) from Hotel/Motel Tax funds pursuant to Section 2.01(b) of this Agreement. Code means the Internal Revenue Code of 1986, as heretofore or hereafter amended, together with all corresponding and applicable final, temporary or proposed regulations and revenue rulings as issued or amended with respect thereto by the United States Treasury Department or the Internal Revenue Service to the extent applicable to the 2014 PFD Refunding Bonds or the 2018 Bonds, as the context indicates. Commission means the United States Securities and Exchange Commission. District means Everett Public Facilities District, a public facilities district duly organized and existing by virtue of the Constitution and laws of the State of Washington. District Revenues means all revenues received by the District from or with respect to its construction, possession, management, supervision, maintenance, extension, operation, use and control of the Events Center, as determined in accordance with generally accepted accounting principles, including LSTI Revenues, but excluding (i) the proceeds from the sale of any obligations issued by the District; (iii) insurance proceeds received by the District but only to the extent that such proceeds are promptly utilized or applied to the repair or replacement of the insured facilities. Events Center means the multi-purpose regional special events center constructed, owned and operated by the District. Fitch means Fitch Ratings, Inc., organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to any other nationally recognized securities rating agency (other than S&P or Moody's) designated by the Treasurer. Finance Director-Treasurer means the Finance Director-Treasurer of the City or the successor to the functions of that position. General Revenue Fund means the general revenue fund of the District into which the District Revenues are deposited. Hotel/Motel Tax Interlocal Agreement means the Interlocal Agreement, dated February 25, 2002, between the City and the District regarding distribution of $100,000 of Hotel/Motel Tax proceeds to the District, as amended by Addendum, dated January 24, 2007. Hotel/Motel Tax funds means the special excise taxes imposed and levied by the City on the sale of or charge made for the furnishing of lodging by a motel, hotel, rooming house, tourist court, trailer camp and granting similar license to use real property under the provisions of Chapter 67.28 RCW. -4- 501534419 v3