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1.32 "Project Budget" shall mean, collectively, the Demolition Budget, the General Construction Budget and the Additional Project Cost Budget. 1.33 "Progress Payment Request" shall mean a request in a form approved by the Review ~ Committee prepazed and certified as true and accurate in all respe,cts by the Project Manager and ~! ; setting forth the Project Costs or amount of the Project Manager's Compensation that is due and payable, the date(s) upon which the same are due and payable, the person(s) to whom the same aze owingf and accompanied by such invoices, ~davits, releases, waivers and other information and ~ supporting documentation as the Review Committee may reques~ . 1.34 "Project Improvements" means the Transit District Facilities, the County Facilities and the Retail Facilities. `-' 1.35 "Pro'ect Management Agreement" means the Project Management Agreement dated June 1, ~ 1998 among the County, the Transit I}istrict, and the Project Manager. .- - f-' i _ 1.36 "Project Manager"' shall mean Melvin Mark Development Company, or such other firm as ° may be employed by the Parties. _ ~{ 1.37 "Public Hearing Room" shall mean one Unit of apgroximately 5,300 square feet to be ~-l owned and used jointly by the Transit District and the County as a public hearing room, and meeting and conference spaces. ~ 1.38 "Property" shall mean~ the real property described as Block 5, SALEM, Marion County, Oregon. ~ ~ 1.39 "Real Estate Purchase Agreement" means tt-e Agreement of Purchase and Sale and Joint Escrow Instructions dated as of February 5, 1997, between the Caunty and the Transit District and pertaining to the Property. . : ~ 1.40 "Respective Share"~means the percentages shown in Exhibit D, as the same may be adjusted from time to time by the Review Committ.ee as provided in Section 4S(iv). The attached Exhibit D contains a formula for calculating the Respective Share of the Parties based on. the available estimates of constivction costs as of the date of execution of this Agreemen~ It is expected that the Respective Share shall be recomputed based on refined estimates of construction costs prepared after the date of - this Agreement, and shall be recomputed liased on the actual construction bid award. , 1.41 "Retail Facilities" means the Project Improvements located on the northerly 50 feet of the ~- ~ Property to be developed by the Private Party. ,., 1.42 "Schedule of Performance''' shall mean the document attached hereto as F.xhibit E. ~ 1.43 "Substantial Completion" shall mean that construction of the Project Improvements is completed in accordance with approved plans except for punch list items which do not substantially ~ prevent the use of the Project Improvements for the purposes int~nded under this Agreemen~ ~ 1.44 `°I`ransit District" shall mean the Salem Area Mass Transit District, a political subdivision of the State of Oregon. 1.45 "Transit Facilities" means the Project Improvements which are to be owned by the Transit District and shall at a minimum, include the following: i Courthouse Square I ~ Development Agreement ~ -'' Page - 6 ~_~