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<br />ARTICLE I <br /> <br />ADDITIONAL DEFINITIONS <br /> <br />Any capitalized terms not otherwise defined elsewhere in this Agreement shall have the <br />respective meanings indicated below: <br /> <br />(a) "Approved Budget" shall mean the budget approved by the <br />Owners for the design, engineering and construction of the Project, as shown on <br />Exhibit "D". attached hereto and made a part hereof for all purposes, and to be <br />further defmed upon acceptance by appropriate authorities of a bid for <br />construction of the Project by a general contractor, as more particularly set forth <br />herein. <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />(b) "Governmental Authority" shall mean the political subdivision in <br />which the Property is located and any other political subdivision, agency, or <br />instrumentality exercising jurisdiction over the Property. <br /> <br />- <br /> <br />(c) "Governmental Requirements" shall mean all laws, ordinances, <br />statutes, codes, rules, regulations, orders and decrees of the United States, the <br />state, county, city, or any other political subdivision in which the Property is <br />located, and any other political subdivision, agency or instrumentality exercising <br />jurisdiction over the Property (including, without limitation, all environmental <br />laws, zoning and other ordinances, statutes, codes, rules, regulations, orders and <br />decrees for the handicapped or disabled). <br /> <br />- <br /> <br />- <br /> <br />(d) "Owners" means both 65 LaPorte and Port Crossing. <br /> <br />(e) "Person" shall mean any individual, partnership, firm, association, <br />corporation, limited liability company, trust or any other form of entity. <br /> <br />(f) "Proportionate Share" shall mean each Owner's respective share of <br />the costs and expenses of the Project. Port Crossing's Proportionate Share shall <br />be fifty percent (50%) of the Approved Budget and 65 LaPorte's Proportionate <br />Share shall be fifty percent (50%) of the Approved Budget. <br /> <br />ARTICLE II <br /> <br />DESIGN AND CONSTRUCTION OF THE PROJECT <br /> <br />Section 2.1. Design of the Proiect. <br /> <br />(a) Port Crossing, 65 LaPorte and City hereby approve the Plans for the <br />Project, and agree that the Plans may be modified upon written agreement of the Parties <br />in order to meet any Governmental Requirements. <br /> <br />H-Public_ Right_ oC Way_Improvement_and ]undinlL Agreement _ v9(738385 _9)[1 ].DOC 2 <br />