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~ .(b) "Tru~tee" mean~'Ths First Nstlon~l ~Baa1c of MI~n1ni or ita suo~oes~or~ ~e trustee under thie in-
s ' ~ denture for the tune ~eing, but not a co-truatee or eeparate truetee appointed purauant to the proviaions of ~
• Section 10.17 hereof, unlesa otherwise provided in the inatrument of appoint,ment exeauted purauant to ~
such ~tion and then only to the extent ther~in provided. • ~
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~ ~ (o) "thia iridenture" mef?ne this inatruttient aa from tune to time supplemented by any indenture~
- expressly at~ted to be aupplementai hereto, pursuant to the proviaions hereof.
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~ (d) "hereof," "horeunder," "herein," "hereby" and other like expresaione in this instrument refer
~ to thi~ indenture as a whole, and where used in the bonde refer to the r~spective bonde a$ a whole, and ~
~ not to any particular division of this inetrument or of the bond.
~ ~ (e) "continuing," as applied to on evont of default, mean$ any event of default not cured or waived.
~ "Property Additions" meane all property of a fixed or permanent nature and of the character
~ desaribed in and not excepted from the granting clausea hereof constructed or acquired by the Company
~ - after December 31, 1963, and, except as hereinafter in this subparagraph pmvided, used or useful in
~ the buain~s of providing gas, water ar sewer service in or about eommunities in the State of Florida, and
~ ~ free from all liena or encumbrances ot,her thari those permitteci Uy Section 3.09 hereof; and th~ term "Prop-
er~y Additiona" ahall inalude all pmperty of the character hereinabove desoribed in this subparagraph
~ ~ ' in process of conatruction to the extent the Company has incurred a liability therefor, but shall not
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= include property of such charaeter (i) coi~structed or acquired by the Compau?y, General Development
~ ' ' Corporation, or auy other real estate developer, with proceeds of any contribution or of any nonrefundable ~
t ; deposit or advance made by any cuetonier to'tho extent of any auch coutribution, deposit or advance, or
(ii} with respect to which the Company ie uuable for any reason (6ut for the fact that such pmperty is
; land) to charge ~epreciation baseci on the cost thereof to the Company (as such cost i$ computed for federal
. ~ income tax purposea) as a deductible expen$e in computing federal income taxea. For the purpose of ~
procuring under Section 7.03 a release of any parcel of non-utility real property deacribed in Schedule B~,
- ~ Part III, the term Property Additiona need not include property useii or useful in the business of pro-
` ' viding gas, water or eewer service. •
(g) "Grass Amount of Property Additiona" means tho amount obtained by deducting from the cost
: or fair value, whichever ia less, of Property Additions the amount of all aueh Property Additiona which
? ; ' ' conaiat of I+~nded Property.
` t "Net Amount of Property Additione" means the ~unount obtained by deducting from the Gross
` _ Amount of Property Additions an amount ~ual to the Coet Bsais of a118etir~nnant8 not theretofore re-
} t- . flected in a certificate filed with the Trustee puisuant to fiection 12.05(m) hereof, after deductiug therc3fram , ~
r• R.etirements Credits, if any, to the extent that the e~me have not previously been used aa a Retirement !
~ ~ Va~as~~• . ~ . 5 - _ . .
i ~ . The "cost" of Praperty Additions, e~ccept for the purpoaes of ~eation 12.05(~(ii), shaU be deternuned
in accordanoe with the praetice lawfully prescribed by the Florida Publia~ Utilitiea Commieeion or other
' appropriate regulatory authority and, in the:abeenoe of any praetioe so pr~eribed, in t?c~rdance with
generally acxepted ~ccounting principles. The `Ysir value" of Propertq Additions ehall mcan the fair•value
- thereof to the Company ae certi.fied in the relevent czer~i6catee dalivered hereunder with re~peet tt~ereto.
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~ (h) "Retirements" shall msan (1) all Ftirided Property which ehall have been releaeed from the lien of
z~' ; ~ thia indenture, (2) all F~nded Pro~Y vrhia~ ehalt h~?ve been waru-out, retired or abandoued or ~rhich
~ hsa otherwise pem~anently cesaed to be usod or useful in the utility business of the Con~pany and .~3) sll
~ • ~~nded Property which haa bcen d~troyed. '
~ -(i) "Coet Baaie,,, when u~ed wit~h referenie to ftetirements, sha11 mean, as to any praperty ~cquired
~ ' eubeequent to December 31, 1983, the coet the`reof, and aa to any property acquired prior to I?eoeiinber~31,
~ , 1963, the amount at which the same we~e refle~ted in the certifieci balanoe sheet of Lhe Compaqy as at De-
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cember 31, 1983.
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