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<br />/,-, <br /> <br />. ,,' ....,\ <br /> <br />schematic attached to and incorporated in this Agreement as <br />Exhibit D. <br /> <br />(h) "Owner" means the record owner, whether one or more <br />persons or entities, of a fee simple interest in a Parcel, but <br />excluding in all cases any party holding such an interest as <br />security for the performance of an obligation. If a Parcel is <br />sold under a recorded executory contract for deed or <br />installment sales contract, and the contract specifically so <br />provides, then the purchaser (rather than the owner of legal <br />title) will be considered the Owner. It is acknowledged that <br />the Northtown Parcel is situated upon four separate legal <br />parcels and that fee title to said legal parcels is presently <br />owned separately by two different entities. For purposes of <br />this Agreement, the phrase l!Owner of the Northtown Parcell! <br />shall refer, collectively, to the Owners of all of the legal parcels <br />upon which the N orthtown Parcel is situated. <br /> <br />(i) "Parcel" shall mean the Northtown Parcel or the Council <br />Parcel, which shall each constitute separate Parcels. <br /> <br />G) "Park and Ride Areal! shall mean the parking lots shown <br />on the Site Plan, to be situated between the new Ring Road <br />and TH47 and which flank the lower bus pad area and serve as <br />non-exclusive parking for transit patrons. <br /> <br />(k) IIPedestrian Walkway" shall mean the covered walkway <br />as shown on the Site Plan, sheltering the connecting area <br />between the upper bus pad area and the N orthtown Mall <br />entrance. <br /> <br />(1) "Ring Road" shall mean the realigned, reconstructed ' <br />portion of that roadway, shown on the Site Plan, used for <br />internal circulation of Mall traffic. <br /> <br />(m) "Site Plan" shall mean the diagram set forth on Exhibit <br />C attached to and incorporated in this Agreement. <br /> <br />(n) "Transit Commencement Daten shall mean the date of <br />the substantial completion of the initial construction of the <br />Transit Hub hnprovements as designated by the ACRRA in <br />the notice delivered in accordance with Section 2.3 hereof. <br /> <br />(0) lITransit Hub Improvements" shall refer collectively to <br />the following: <br /> <br />i) The Bus Shelters, transit islands and Pedestrian Walkway. <br /> <br />-3- <br /> <br />t 'd lGt6'oN <br /> <br />^30 ~~08 3NIVl8 All8 <br /> <br />~V69:[1 [DOG 'OS'^ON <br />