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the PID Bonds, (viii) paying the paying agent /registrar's and trustee's fees and expenses (including <br />the fees and expenses of its legal counsel), and (ix) administering the construction of the Public <br />Improvements, in accordance with the terms of this Agreement. <br />"Affiliate" means entity which is controlled by, controls, or is under common control <br />with Owner. <br />"Agreement" has the meaning given in the recitals to this Agreement. <br />"Agreement Regarding Fire Station" means that certain Agreement Regarding Fire <br />Station dated of even date herewith by and between the City and Owner. <br />"Annual Installment" shall have the meaning given in the Service and Assessment Plan. <br />"Appraisal" means each appraisal of the Property (or applicable component thereof, as <br />required by Section 2.01(h) hereof. <br />"Assessed Planning Area" means for any year, Planning Areas within the District other <br />than Non - Benefited Property. <br />"Assessment Ordinance" means each ordinance, resolution or order adopted by the City <br />Council levying the Special Assessments on the Property, as required by Article 11 of this <br />Agreement. <br />"Attorney General" means the Texas Attorney General's Office. <br />"Bond Counsel" means McCall Parkhurst & Horton or their successor. <br />"Bond Improvement Account" means an account established pursuant to an Indenture <br />and into which the Trustee will deposit Bond Proceeds to be used for the construction of any Public <br />Improvements. <br />"Bond Issuance Costs" means costs relating to the authorization, sale and issuance of the <br />PID Bonds including, printing costs, costs of reproducing and binding documents, closing costs, <br />filing and recording fees, initial fees, expenses and charges of the Trustee, including its first annual <br />administration fee, expenses incurred by the City or Owners in connection with the issuance of the <br />PID Bonds (provided such expenses are defined as "issuance costs" under the Tax Code), the SAP <br />Consultant's fees, bond (underwriter's) discount or underwriting fee, legal fees and charges, <br />including Bond Counsel, charges for execution, transportation and safekeeping of the PID Bonds <br />and other costs, charges and fees in connection with the issuance of the PID Bonds. <br />"Bond Issuance Request" means written request made by Owner to the City in good faith <br />as evidenced by Owner's expenditure of necessary amounts for market studies, financial analysis, <br />legal counsel, and other professional services and due diligence necessary to support the request. <br />"Bond Ordinance" shall mean the order or ordinance of the City Council that will <br />authorize and approve the issuance and sale of the PID Bonds and provide for their security and <br />payment, either by the terms of the Bond Ordinance or an Indenture related to the PID Bonds. <br />29 <br />