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<br /> <br />"Bond Counsel' means (a) as of the date of issuance ofthe Bonds, Kutak Rock LLP, of <br />Denver, Colorado, and (b) as of any other date, Kutak Rock LLP or such other attorneys selected <br />by the Town with nationally recognized expertise in the issuance of municipal bonds, <br /> <br />"Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which <br />banking institutions in the State are authorized or obligated by law or executive order to be <br />closed for business, <br /> <br />"Capital Improvements" means the acquisition of land, water or water rights, easements, <br />facilitie:s, and equipment (other than ordinary repairs and replacements), and the construction or <br />reconstruction of improvements, betterments, and extensions, for use by or in connection with <br />the System which, under Generally Accepted Accounting Principles for governmental units as <br />prescribed by the Governmental Accounting Standards Board, are properly chargeable as capital <br />items, <br /> <br />"Cede" means Cede & Co" the nominee of DTC as record owner of the Bonds, or any <br />successor nominee ofDTC with respect to the Bonds. <br /> <br />"Code" means the Internal Revenue Code of 1986, as amended, Each reference to a <br />section of the Code herein shall be deemed to include the United States Treasury Regulations <br />proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, <br />unless the context clearly requires otherwise, <br /> <br />"C.R.S." means the Colorado Revised Statutes, as amended and supplemented as of the <br />date hereof. <br /> <br />"Dated Date" means the dated date for the Bonds set forth in the Sale Certificate, <br /> <br />"DTe' means the Depository Trust Company, New York, New York, and its successors <br />and assigns, which shall act as the initial securities depository of the Bonds. <br /> <br />"DTC Blanket Letter of Representations" means the agreement between the Town and <br />DTC whereby the Town agrees to comply with DTC's operational requirements, <br /> <br />"Escrow Account' means the account established and designated as such in the section <br />hereof entitled "Escrow Account" to be maintained by the Bank in accordance with the Escrow <br />Agreement and the provisions hereof. <br /> <br />"Escrow Agreemenf' means the Refunding Escrow Agreement, 2004, concerning the <br />1979 Bonds between the Town and the Bank. <br /> <br />"Event of Default' means any of the events specified in the section hereof entitled <br />"Events of Default. " <br /> <br />"Federal Securities" means bills, certificates of indebtedness, notes, bonds or similar <br />securities which are direct non-callable obligations of the United States of America or which are <br />fully and unconditionally guaranteed as to the timely payment of principal and interest by the <br />United States of America, <br /> <br />02-178054,3 <br /> <br />3 <br />