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<br />r ~2'-1~1~ ~ 5 <br />"code" means the Internal Revenue Code of `1°54, as <br />amended. <br />"Company" means (i) Cornnuts, Inc.., a California corpo- <br />ration,' and its successors and assigns,-and (ii.) any sur- <br />vying; resul ing or transferee entity as provided in Section <br />2.2 of the Agreement. <br />"Company Representative" means the: person or persons at <br />the time designates to act on-behalf o-f Company by written <br />certificate furnished to Issuer and Trustee containra the <br />specimen signatures of such person or persons and sirned'on <br />'behalf of Company ,by the Presider_t,-any Vice ?'resident, the <br />Secretary, Treasurer or any assistant Secretary: or Tr=asurer. <br />"Completion .Date" means-the date of completion of acCUi- <br />sitian construction, improving and ecrui~ping of ~he Project, <br />as that date shall. be certified. as .provided in-Sector. ?.5 of <br />the agreement. <br />"Constructoneund" means the fund created. in Sectior_ <br />5=06 hereof`. <br />'~COSt Of COn$truCtl On" With respectto tre Project Si^.a11 <br />be deemed to-irclud.e all items permitted to b= fi_^.s~ced under <br />-t?ze provisions of the act, including but not limited_to: <br />(i} all. costs which Issuer or:Company shall be <br />required to .pay under the terms. of any cortract'or <br />contracts for, the acquisition, construction, improving <br />or equipping of he Rroject; <br />(ii) obligations of Company ir_arred'for labor and <br />materials (including obligations nayable,to Company) in <br />ccr_necton with the acquisition, construction; improving <br />or equipping of the Project, ,including ,reimbursement to <br />Company for ail advances and payments made in connection <br />with the Project prier to or after 'delivery of the 3onds; <br />(iii) the cost of paymentar_d performance or other <br />bonds and ar_y and all types of insurance that mall be <br />necessary or appropriate to have in effect during the <br />course of constructionofthe Project; <br />(iv) all costs of engineering and architectural <br />services.; ir_eluding the costs of Issuer or Company for <br />teat borir_gs,'surveys, estimates, ,plans<an3,sp_cifica <br />tions ahd areliminarv ir_vestigations therefor, and for <br />supervising construction, as Drell as-for the performance <br />l5- <br />