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NOW THEREFORE, in consideration of the promises and mutual covenants and obligations of
<br /> the parties contained herein,and other good and valuable consideration,the receipt and sufficiency whereof
<br /> are hereby acknowledged, the parties hereto, intending to be legally bound, hereby covenant and agree as
<br /> follows:
<br /> ARTICLE I: DEFINITIONS
<br /> "Applicable Law"means all laws,statutes,acts,ordinances,rules,regulations,permits,licenses,
<br /> authorizations, directives, orders and requirements of all Governmental Authorities, that now or
<br /> hereafter during the term of this Agreement may be applicable to the City,the Developer, and/or
<br /> the Project,and the construction,maintenance,use and operation thereof, including those relating
<br /> to employees, zoning, building, health, safety, Hazardous Materials, and accessibility of public
<br /> facilities.
<br /> "Exterior Fagade" means the architectural character, general composition and general
<br /> arrangements of the exterior of the Project, including the kind, color and texture of the building
<br /> material and the type and character of all windows, doors, light fixtures, signs and appurtenant
<br /> elements,visible from public streets and thoroughfares.
<br /> "Final Site Plan" means the final plan for the Project or any Phase thereof which sets forth the
<br /> limits of the work to be done,the building locations, ingress and egress,loading areas,parking, if
<br /> any, landscaping, signage and adjoining streets including one or more elevations or sketches
<br /> showing the exterior features and designs of all the buildings or structures.
<br /> "Phase I"means the initial phase of development for an insect production facility of 15,000 metric
<br /> tons insect protein produced annually.
<br /> "Phase 2"means a potential second phase of development,subject to additional project validation
<br /> activities,for an insect production facility of 60,000 metric tons insect protein produced annually.
<br /> "Preliminary Plans" means plans and drawings,including a Preliminary Site Plan for the Project
<br /> which are preliminary to the Construction Plans, which plans and drawings include but are not
<br /> limited to the limits of the work to be done, the location of buildings and all auxiliary structures,
<br /> ingress and egress, loading areas,parking, if any,proposed signage,landscaping and one or more
<br /> elevations showing the Exterior Architectural Appearance of the Project or any phase thereof.
<br /> "Preliminary Site Plan" means the site layout for the Project or any phase thereof including
<br /> parking,if any,buildings,ingress and egress,pedestrian and vehicular circulation,utilities,grading,
<br /> storm water detention,landscaping and service areas,and all proposed dedications and easements.
<br /> "Project"means the design,construction,improvements,and opening of a manufacturing facility
<br /> to the property located on the land southeast of N Brush College Road and Reas Bridge Road,
<br /> Decatur, IL 62526 to be constructed and opened by the Developer as more fully on described on
<br /> Exhibits 1 and 2 attached hereto and made a part hereof.
<br /> "Public Investment" means the costs actually incurred by the City for infrastructure
<br /> improvements and utility tax reimbursements for the Project as set forth in Section 2.18 and Article
<br /> IV of this Agreement.
<br /> "Development Area" means the City of Decatur/InnovaFeed Project Area.
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