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attributable to any past or future dispositions of property or rights or related contracts, <br />settlements, or judgments held or obtained in connection with the System, its operations or <br />availability, and including investment income accruing from moneys attributable to the System <br />held to the credit of the Water Enterprise Fund; provided however, that there shall be excluded <br />from Gross Revenue any moneys borrowed and used for providing Capital Improvements; any <br />money and securities, and investment income therefrom, in any refunding fund, escrow account, <br />or similar account pledged to the payment of any bonds or other obligations; and any moneys <br />received as grants or appropriations from the United States, the State of Colorado, or other <br />sources, the use of which is limited or restricted by the grantor or donor to the provision of <br />Capital Improvements or for other purposes resulting in the general unavailability thereof, except <br />to the extent any such moneys shall be received as payments for the use of the System, services <br />rendered thereby, the availability of any such service, or the disposal of any commodities <br />therefrom. <br />"Loan" means the loan made by the CWCB to the District pursuant to the Loan Contract <br />and evidenced by the Note. <br />"Loan Contract" means the Loan Contract dated as of April 11, 2011 between the <br />District and the CWCB, including the Security Agreement, Promissory Note and Project <br />Summary appended thereto. <br />"Net Revenue" means the Gross Revenue after deducting the availability of service <br />charge revenues and Operation and Maintenance Expenses. <br />"Note" or "Promissory Note" means the Promissory Note evidencing the District's <br />repayment obligation from the date of substantial completion of the Project, as set forth in <br />Appendix 2 to the Loan Contract. <br />"Operation and Maintenance Expenses" means all reasonable and necessary current <br />expenses of the District, paid or accrued, for operating, maintaining, and repairing the System, <br />including without limitation legal and overhead expenses of the District directly related to the <br />administration of the System, insurance premiums, audits, charges of depository banks and <br />paying agents, professional services, salaries and administrative expenses, labor, and the cost of <br />materials and supplies for current operation; provided however, that there shall be excluded from <br />Operation and Maintenance Expenses any allowance for depreciation, payments in lieu of taxes <br />or franchise fees, legal liabilities not based on contract, expenses incurred in connection with <br />Capital Improvements, payments due in connection with any bonds or other obligations issued to <br />provide Capital Improvements, and charges for the accumulation of reserves. <br />"Parity Lien Bonds" means one or more series of additional bonds, notes, interim <br />securities, or other obligations having a lien on the Net Revenue on a parity with the lien pledged <br />to the CWCB in the Loan Contract that are issued by the District in conformance with the <br />provisions of the Loan Contract. <br />"Project" is defined in Appendix 1 to the Loan Contract. <br />"Reserve Account" means the debt service reserve account provided for in Section A.8.d. <br />of the Loan Contract. <br />Appendix 3 to Loan Contract C150324 <br />4814- 5244-3407. 23 <br />