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(m) "Credit Agreement" means any bond insurance policy or other credit agreement,
<br />as defined in and authorized by the provisions of Chapter 1371, as amended, Texas Government
<br />Code, which the Agency enters into relating to its obligations with respect to the Bonds.
<br />(n) "Delivery Point" means the place, whether one or more, to which the Agency will
<br />deliver water to each Sponsoring Public Entity pursuant to this Contract.
<br />(o) "Engineer of Record" means the Engineer of Record for a Sponsoring Public
<br />Entity so designated by the governing body of the Sponsoring Public Entity with notice to the
<br />Agency.
<br />(p) "Engineering Report" means the "Final Report of the Plumbing Plan," prepared
<br />by Lockwood, Andrews & Newnan, Inc., dated September 21, 2007, as such report may be
<br />amended, modified and changed and superseded with the approval of the Agency and
<br />Sponsoring Public Entities, at any time prior to the execution of construction contracts for the
<br />Project or as modified and changed by change orders issued after the execution of such
<br />construction contracts; provided, however, no such change orders shall adversely affect any of
<br />the Sponsoring Public Entities without the consent of the Sponsoring Public Entities.
<br />(q) "Fiscal Year" means the Sponsoring Public Entities' fiscal years, which currently
<br />begin on October 1 of each year, as they may be changed from time to time with notice to the
<br />Agency.
<br />(r) "Force Majeure" means such term as it is defined in Section 8.3 of this Contract.
<br />(s) "Facilities" means the facilities, wells, diversion structures, treatment plants,
<br />storage tanks, capacity rights, lines, booster pumps, and other appurtenances sufficient to
<br />produce, divert, treat and deliver the water to which the Sponsoring Public Entities are entitled,
<br />under this Contract and any improvements, additions, or extensions to such Facilities hereafter
<br />acquired or constructed to deliver water between such places.
<br />(t) "Land Interests" means the easements, right-of-way, and other interests in real
<br />property necessary for the acquisition, construction, and operation of the Facilities and the Water
<br />Rights for the Project.
<br />(u) "MSRB" means the Municipal Securities Rulemaking Board and any successor to
<br />its duties.
<br />(v) "NRMSIR" means each person whom the SEC or its staff has determined to be a
<br />nationally recognized municipal securities information repository within the meaning of the Rule
<br />from time to time.
<br />(w) "Operation and Maintenance Expenses" means all direct costs and expenses
<br />incurred by the Agency for its operation and maintenance, including but not limited to, the
<br />operation and maintenance of the Project, including (for greater certainty but without limiting the
<br />generality of the foregoing) amounts payable under any contract with any person, including, but
<br />not limited to any federal, state, or local agency for the right to produce, withdraw or divert and
<br />use water, any contribution or payment in lieu of taxes or any fee or charge by any government
<br />authority relating to the Agency's production, withdrawal or diversion of or sale of treated water
<br />hereunder, the costs of utilities, supervision, engineering, accounting, auditing, legal services,
<br />insurance premiums, supplies, services, and administration of the Project, Overhead Expenses
<br />any required costs of mWS tioa and laeod management incidental to Project o et, and oasts
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