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33 <br />"Financed Facilities" means (a) the Pledged Facilities, along with (b) all <br />other County property the construction or acquisition of which has been financed <br />(in whole or in part) with the Amount Advanced, in each case along with all <br />renewals, replacements, additions and substitutions therefor. Exhibit C provides a <br />general description of the Financed Facilities, as intended by the County as of the <br />Closing Date. <br />"Fiscal Year" means the County's fiscal year beginning July 1, or such other <br />fiscal year as the County may later lawfully establish. <br />"Force Majeure" means, without limitation, acts of God; strikes, lockouts or <br />other .industrial .disturbances; acts of public enemies; orders or restraints of any <br />kind of the federal or State government or any of their departments, agencies or <br />officials or any civil or military authority; insurrection; riots; landslides; <br />earthquakes; fires; storms; droughts; floods; falling space debris; explosions; <br />breakage or accidents to machinery, transmission pipes or canals; or any other <br />cause or event not within the County's control but not due to the County's <br />negligence. <br />"Independent Counsel" means. an attorney duly admitted to the practice of <br />law before the highest court in the State that is selected by the County and <br />approved by SunTrust (which approval will not be unreasonably withheld). . <br />"Installment Payments" means the payments payable by the County pursuant <br />to Section 2.1. <br />"LGC" means the North Carolina Local Government Commission, or any <br />successor to its functions. <br />"Mortgaged Properly" has the meaning assigned in the Deed of Trust, and <br />generally includes the Pledged Sites and the Pledged Facilities. <br />"Net Proceeds" means all payments and proceeds derived from (a) claims <br />made on account of insurance coverages required under this Contract, (b) any <br />exercise of condemnation or eminent domain authority related to all or any portion <br />of the Mortgaged Property, (c) proceeds of title insurance related to the Mortgaged <br />Property, (d) payments on any bonds required by Section 3.3, (e) any amounts <br />recovered from any contractor on an action for default or breach, as described in <br />Section 3.3, or (f) any sale of the Pledged Facilities, as well as all judgments, <br />settlements or other payments in lieu of any of the foregoing, in any case reduced <br />by the sum of (i) all expenses (including attorneys' fees and costs) incurred in the <br />97s62v1 33 <br />