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200412247 "Other Funding Sources" shall mean funds to be obtained for payment of costs of the Project in the form of contributions raised and paid to Heartland, grants for which grant agreements have been entered into and any other contractual commitments for funding acceptable to the City, none of which shall result in any encumbrance upon the Project which cannot be cancelled in the event that the City exercises its prepayment rights under this Agreement and directs the satisfaction of the Building Bonds under the terms of the Indenture. "Parking Rights and Access Agreement" shall mean the Parking and Access Agreement by and among Fonner, Heartland and the City dated as of December 1, 2004. "Plans and Specifications" shall mean the plans and specifications for the Project as prepared pursuant to the Construction Contract. The Project shall consist of a new building, additions, improvements and fixtures for a multi - purpose agricultural exposition and events center to be located on the Site. "Policy" shall mean the Financial Guaranty Insurance Policy issued by the Insurer insuring the payment when due of the principal and interest on the Building Bonds as provided therein. "Project" shall mean the Site together with all improvements constructed thereon pursuant to the Construction Contract, which shall constitute an agricultural exposition and events center for public performances, sporting events and other public meetings and events, including any and all fixtures and equipment provided pursuant to the Construction Contract. "Project Related Rights" shall mean those rights with respect to areas adjacent to the Site owned by Fonner Park as provided for by contract and/or easement, including but not limited to the rights provided for under the terms of the Parking and Access Agreement. "Site" shall mean the real estate owned by Fonner Park and heretofore or hereafter conveyed to Heartland which is the real estate to be utilized for and constituting a part of the Project which is more specifically described on Exhibit "A" hereto attached and by reference incorporated herein. "Trustee" shall mean Wells Fargo Bank, National Association, as trustee under the Indenture, or any successor thereto having trust powers under applicable federal and state law which has been designated as successor trustee under the Indenture in accordance with the terms thereof. "Underwriter" shall mean Ameritas Investment Corp. as purchaser of the Building Bonds under the terms of the Indenture. Section II. Statement of Term of Lease Purchase Agreement as Amended by Second Addendum; Incorporation by Reference. The term of the Lease Purchase Agreement as