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Tax Increments means 90% of the tax increments derived from the Development <br /> Property which have been received and retained by the City in accordance with the provisions of <br /> Minnesota Statutes, Section 469.177, in an amount not to exceed $17,100 in any calendar year; <br /> Termination Date means the earlier of (i) February 1, 2018, (ii) the date the <br /> Reimbursement Amount is paid in full, (iii) the date on which the Tax Increment District expires <br /> or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in <br /> accordance with its terms; and <br /> TIF Note Payment Date means August 1, 2009, and each February 1 and August 1 of <br /> each year thereafter to and including February 1, 2018; provided, that if any such TIF Note <br /> Payment Date should not be a Business Day, the TIF Note Payment Date shall be the next <br /> succeeding Business Day; <br /> Unavoidable Delays means delays, outside the control of the party claiming its <br /> occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br /> prolonged bad weather, acts of God, fire or other casualty to the Project, delays in delivery of <br /> materials for the construction of the Project, the soil conditions of the Development Property, <br /> litigation commenced by third parties which, by injunction or other similar judicial action or by <br /> the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or <br /> local governmental unit(other than the City)which directly result in delays. <br /> 2055837v2 4 <br />