Common use of Establishment of Completion Date; Obligation of Borrower to Complete Clause in Contracts

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as the Project is completed, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be approved by the Bank, to the Trustee and the Authority stating the Costs of the Project and further stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in connection with the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred at the date of such certificate or which may subsequently be incurred. At the time such certificate is delivered to the Trustee, moneys remaining in the 1998A Construction Account (other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from the investment of such moneys, shall be used as provided in Section 3.03 of the Indenture. In the event the moneys in the 1998A Construction Account available for payment of the Costs of the Project should be insufficient to pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit in the 1998A Construction Account moneys sufficient to pay, any costs of completing the Project in excess of the moneys available for such purpose in such Construction Accounts. The Authority makes no express or implied warranty that the moneys deposited in the 1998A Construction Account and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Cost. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction Account, the Borrower should pay, or deposit moneys in the 1998A Construction Account for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as practicable after the acquisition and construction of all of the Project is are completed, the an Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be approved by the Bank, certificate to the Trustee upon which the Trustee may conclusively rely and to the Authority stating Issuer (if so requested by the Costs of the Project and further Issuer) stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in connection with the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred exists at the date of such certificate or which may subsequently be incurredexist. At the time such certificate is delivered to the Trustee, All moneys remaining in the 1998A Construction Account Project Fund after the Completion Date (other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from payments) and after payment or provision for payment of all other Costs of the investment of such moneys, Project have been provided for shall be used transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided in Section 3.03 of the Indenturetherein. In the event the moneys in the 1998A Construction Account Project Fund available for payment of the Costs of the Project should are or will be insufficient to pay the costs thereof of acquisition, construction and installation of the Project in full, the Borrower agrees to pay directly, or to deposit in the 1998A Construction Account Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in such Construction Accountsthe Project Fund. The Authority Issuer makes no express or implied warranty that the moneys deposited in the 1998A Construction Account Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costcosts. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction AccountProject Fund, the Borrower should pay, or deposit moneys in the 1998A Construction Account Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders Holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as practicable after the construction, acquisition, installation, equipping and improvement of the Project is completed, the an Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be approved by the Bank, certificate to the Trustee upon which the Trustee may conclusively rely and to the Authority stating the Costs of the Project and further Issuer stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in connection with the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred exists at the date of such certificate or which may subsequently be incurredexist. At the time such certificate is delivered to the Trustee, All moneys remaining in the 1998A Construction Account Project Fund after the Completion Date (other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from payments) and after payment or provision for payment of all other Costs of the investment of such moneys, Project have been provided for shall be used transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided in Section 3.03 of the Indenturetherein. In the event the moneys in the 1998A Construction Account Project Fund available for payment of the Costs of the Project should are or will be insufficient to pay the costs thereof of construction, installation and equipping of the Project in full, the Borrower agrees to pay directly, or to deposit in the 1998A Construction Account Project Fund moneys sufficient to pay, any costs of completing the construction, installation and equipping of the Project in excess of the moneys available for such purpose in such Construction Accountsthe Project Fund. The Authority Issuer makes no express or implied warranty that the moneys deposited in the 1998A Construction Account Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costcosts. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction AccountProject Fund, the Borrower should pay, or deposit moneys in the 1998A Construction Account Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it they shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders of any of the Bonds, nor shall it they be entitled to any diminution of the amounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as Promptly upon the Project is completedcompletion of the Construction of the Project, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date completion date by providing a certificatecertificate to the Trustee, which shall be approved by with a copy to the Issuer and the Bank, to the Trustee and the Authority stating the Costs of the Project and further stating that (ia) the acquisition, equipping, rehabilitation and construction Construction of the Project has been completed substantially in accordance with the plans, plans and specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction Construction have been paid for or provided forstating the amount required to be retained in the Project Fund to fully provide for any disputed amounts, and (iib) all other equipment and facilities necessary in connection with for the operation of the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred at the date of such certificate or which may subsequently be incurredparties. At the time such certificate is delivered to the Trustee, moneys remaining in the 1998A Construction Account (other than moneys relating to provisional payments permitted by Section 3.2)Project Fund, including any earnings resulting from the investment of such moneys, less an amount representing a reasonable retainage determined by the Borrower, shall be used as provided in Section 3.03 3.03(d) of the Indenture. In the event the moneys in the 1998A Construction Account Project Fund available for payment of the Costs of the Project should be insufficient to pay the costs thereof Costs of the Project in full, the Borrower agrees to pay directly, or to deposit in the 1998A Construction Account Project Fund moneys sufficient to pay, any costs of completing the Construction of the Project in excess of the moneys available for such purpose in such the Project Fund, or otherwise cause the Construction Accountsof the Project to be completed. The Authority Issuer makes no express or implied warranty that the moneys deposited in the 1998A Construction Account Project Fund and available for payment of the Costs of the Project, Project under the provisions of this Agreement, Agreement will be sufficient to pay all the amounts which may be incurred for such Costin connection with the Construction of the Project. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction AccountProject Fund, the Borrower should elect to pay, or to deposit moneys in the 1998A Construction Account Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders Registered Owners of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2 4.02 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as The Completion Date shall be evidenced to the Project is completedTrustee, the Authorized Representative of Issuer and the Borrower, on behalf of the Borrower, shall evidence the Completion Date Bank by providing a certificate, which shall be approved certificate signed by the BankAuthorized Borrower Representative, to the Trustee and the Authority stating the Costs Cost of the Project and further stating that (i) the acquisition, equipping, rehabilitation acquisition and construction equipping of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, therefor and all labor, services, materials and supplies used Within ten (10) days after the delivery by the Authorized Borrower Representative of the certificate evidencing the Completion Date, the Trustee shall retain in the acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities Project Fund a sum equal to the amounts necessary in connection with for payment of Costs of the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable or the liability for which the Borrower is contesting as set forth in said certificate. Any amount not so retained in the Project Fund for such costs, and all amounts so retained but not subsequently used and for which notice of such failure of use has been incurred at given by the date of such certificate or which may subsequently be incurred. At the time such certificate is delivered Borrower to the Trustee, moneys remaining in shall be segregated by the 1998A Construction Account Trustee and used by the Trustee, at the direction of the Authorized Borrower Representative, (other than moneys relating a) to provisional payments redeem Bonds on the earliest redemption date permitted by Section 3.2the Indenture for which no prepayment premium or penalty pertains, or, at the option of the Borrower, at an earlier redemption date (provided that, in neither event shall such amounts be used to pay interest or premium on the Bonds in connection with such redemption), including any earnings resulting from (b) to purchase Bonds on the investment of open market prior to such moneysredemption date (provided that, shall be used as provided if Bonds are purchased at an amount in Section 3.03 excess of the Indentureprincipal amount thereof, the Borrower shall pay such excess out of other funds) for the purpose of cancellation, or (c) for any other purpose, provided that the Trustee is furnished with an opinion of Bond Counsel to the effect that such use is lawful under the Act. The Issuer agrees to cooperate with the Trustee and take all required action necessary to redeem the Bonds or to accomplish any other purpose contemplated by this Section 3.4. In the event the moneys in the 1998A Construction Account Project Fund available for payment of the Costs Cost of the Project should not be insufficient sufficient to pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit in directly the 1998A Construction Account moneys sufficient to pay, any costs of completing the Project as may be in excess of the moneys available for such purpose therefor in such Construction Accountsthe Project Fund. The Authority makes no Issuer does not make any warranty, either express or implied warranty implied, that the moneys deposited in which will be paid into the 1998A Construction Account Project Fund and available for payment of the Costs of the Projectwhich, under the provisions of this Agreement, will be available for payment of a portion of the Cost of the Project, will be sufficient to pay all the amounts costs which may will be incurred for such Costin that connection. The Borrower agrees that if, if after exhaustion of the moneys in the 1998A Construction Account, Project Fund the Borrower should pay, or deposit moneys in the 1998A Construction Account for the payment of, pay any portion of the Costs Cost of the Project pursuant to the provisions of this SectionSection 3.4, it they shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders of any of the BondsBank, nor shall it they be entitled to any diminution of the amounts payable under Section 4.2 hereofhereof or under the Note.

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as the Construction of the Project is completed, the an Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date completion date by providing a certificate, which shall be approved by the Bank, certificate to the Trustee and the Authority stating the Costs Cost of the Project and further stating that (i) the acquisition, equipping, rehabilitation and construction Construction of the Project has been completed substantially in accordance with the plans, plans and specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction Construction have been paid for or provided forstating the amount required to be retained in the Project Fund to fully provide for any disputed amounts, and (ii) all other equipment and facilities necessary in connection with for the operation of the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred at the date of such certificate or which may subsequently be incurredparties. At the time such certificate is delivered to the Trustee, moneys remaining in the 1998A Construction Account (other than moneys relating to provisional payments permitted by Section 3.2)Project Fund, including any earnings resulting from the investment of such moneys, shall be used as provided in Section 3.03 3.03(D) of the Indenture. In the event the moneys in the 1998A Construction Account Project Fund available for payment of the Costs Cost of the Project should be insufficient to pay the costs thereof Cost of the Project in full, the Borrower agrees to pay directly, or to deposit in the 1998A Construction Account Project Fund moneys sufficient to pay, any costs of completing the Construction of the Project in excess of the moneys available for such purpose in such the Project Fund, or otherwise cause the Construction Accountsof the Project to be completed. The Authority makes no express or implied warranty that the moneys deposited in the 1998A Construction Account Project Fund and available for payment of the Costs Cost of the Project, Project under the provisions of this Agreement, Agreement will be sufficient to pay all the amounts which may be incurred for such Costin connection with the Construction of the Project. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction AccountProject Fund, the Borrower should pay, or deposit moneys in the 1998A Construction Account Project Fund for the payment of, any portion of the Costs Cost of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.be

Establishment of Completion Date; Obligation of Borrower to Complete. As soon as the Project is completed, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be approved by the Bank, to the Trustee and the Authority stating the Costs of the Project and further stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in connection with the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which has been incurred exists at the date of such certificate or which may subsequently be incurredexist. At the time such certificate is delivered to the Trustee, moneys remaining in the 1998A 1997A Construction Account (other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from the investment of such moneys, shall be used as provided in Section 3.03 of the Indenture. In the event the moneys in the 1998A 1997A Construction Account available for payment of the Costs of the Project should be insufficient to pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit in the 1998A 1997A Construction Account moneys sufficient to pay, any costs of completing the Project in excess of the moneys available for such purpose in such the 1997A Construction AccountsAccount. The Authority makes no express or implied warranty that the moneys deposited in the 1998A 1997A Construction Account and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Cost. The Borrower agrees that if, after exhaustion of the moneys in the 1998A 1997A Construction Account, the Borrower should pay, or deposit moneys in the 1998A 1997A Construction Account for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.