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"Tax Increment Note" means the Tax Increment Revenue Note of 2001, dated as of <br /> November 1, 2001, from the HRA to the Borrower; . <br /> "Tax Increment Revenue"means all collections of tax increments which the HRA <br /> is required under the Tax Increment Note to pay to the Borrower and which are pledged and <br /> assigned by the Borrower under the Assignment of TIF Note and directed to be transmitted to <br /> the Trustee for deposit in the Revenue Fund; . <br /> "Term" means the duration of this Agreement as specified in Section 8.11. <br /> "Variable Rate Indebtedness" shall have the meaning set forth in Section 6.18 <br /> hereof. <br /> Section 1.02 Characteristics of Certificate or Opinion. Every certificate or opinion with <br /> respect to compliance with a condition or covenant provided for in the Indenture or this Agreement, shall <br /> include:(i)a statement that the person or persons making such certificate or opinion have read such covenant <br /> or condition and the definitions herein relating thereto;(ii)a brief statement as to the nature and scope of the <br /> examination or investigation upon which the statements or opinions contained in such certificate or opinion <br /> are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such <br /> examination or investigation as is necessary to enable them to express an informed opinion as to whether or <br /> not such covenant or condition has been complied with; and(iv)a statement as to whether, in the opinion <br /> of the signers, such condition or covenant has been complied with. <br /> Any Certificate made or given by an officer of the City or the Borrower or by an <br /> Independent engineer, architect, consultant or other person may be based, insofar as it relates to <br /> legal matters, upon an Opinion of Counsel, unless such person knows that the Opinion with <br /> respect to the matters upon which his or her Certificate may be based as aforesaid is erroneous, <br /> or,in the exercise of reasonable care,should have known that the same was erroneous. Any such <br /> Certificate or Opinion of Counsel may be based, insofar as it relates to factual matters or <br /> information with respect to which is in the possession of the City or the Borrower, upon a <br /> supporting Certificate of an officer or officers of the City or the Borrower, unless the signer <br /> knows that the supporting Certificate with respect to the matters upon which his or her <br /> Certificate or opinion may be based as aforesaid is erroneous, or, in the exercise of reasonable <br /> care, should have known that the same was erroneous. <br /> Section 1.03 Additional Provisions as to Interpretation. This Agreement shall be construed <br /> and applied in accordance with the laws of the State. <br /> Unless the context indicates otherwise, words importing the singular number <br /> include the plural number, and vice versa. Words of any gender include the correlative words <br /> of the other gender. "Articles" and "Sections" mentioned by number only are the respective <br /> Articles and Sections of this Agreement so numbered. The terms "hereof," "hereby," "herein," <br /> "hereto," "hereunder," "hereinafter," and similar terms refer to this Indenture; and the term <br /> "hereafter" means after, and the term "heretofore" means before, the date on which this <br /> Agreement was fully executed. Reference to a "person" shall include any natural individual, <br /> -9- <br />