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"Event of Nonappropriation" means a determination by the County Board <br />not to include an appropriation for Contract Payments in the County budget for any <br />Fiscal Year, as contemplated in Section 2.5{a), or any subsequent action by the <br />County Board to delete such an appropriation from an approved County budget. <br />"Financed Facilities" means (a} the Pledged Facility, along with (b) all other <br />County property the construction or acquisition of which has been financed (in <br />whole or in part} urith proceeds of the 2Q06A Certificates, in each case along with <br />all renewals, replacements, additions and substitutions therefor. Exhibit C provides <br />a general description of the Financed Facilities, as intended by the Counter 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 Gad; 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 ar event not v~rithin the County's control but not due to the County's <br />r <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 the Company (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 Govenunent Commission, or any <br />successor to its functions. <br />"Mortgaged Property" has the meaning assigned in the Deed of Trust. <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 3.4, {e} any amounts <br />J3861v2 3Q <br />