Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, shall be evidenced to the Authority and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state that, except for amounts not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (a) the acquisition, construction and equipping of the components of the Projects have been completed and the Costs of the Projects have been paid, and (b) all other facilities necessary in connection with the Projects have been acquired, constructed and installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the Indenture.

Establishment of Completion Date. (a) The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower a Company Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state as attached as Exhibit "C" hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, con­struc­tion, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date If any such amounts so retained are not subsequently used, prior to any transfer of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureProject Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond Fund.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by (a) a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, acquisition and construction and equipping of the components of the Projects have Project has been substantially completed and the Costs all costs of the Projects labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the Project has been installed to Company’s satisfaction, such equipment so installed is suitable and sufficient for the operation of the Project, and substantially all costs and expenses incurred in the acquisition and installation of such equipment have been paid, except to the extent any such equipment is Leased Equipment, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, and installed equipped and all costs and expenses incurred in connection therewith have been paidpaid and (b) a certificate signed by an Authorized Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the Project and to the best knowledge of the Authorized Company Representative, after inquiry of the Project’s architect, the Project complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the federal Americans with Disabilities Act). Notwithstanding the foregoing, such the certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon substantial completion of the acquisition, construction, and equipping of the Project, Company agrees to cause such certificates to be furnished to Issuer and Trustee. Any moneys in the Construction Fund on remaining after the date Completion Date and payment, or provision for payment, of the certificate costs of financing the Project described in the immediately preceding paragraph may be usedabove, at the direction of an the Authorized Borrower Company Representative, to the extent indicatedpromptly, for the paymentand in all events on or before June 1, in accordance with the provisions of this Agreement1998, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the Indenture.be:

Establishment of Completion Date. The date upon which completion of the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Project shall be evidenced to the Authority and the Trustee by a certificate the Company's Completion Certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, Company Representative stating the certificate shall set forth the total Costs date of completion of the Projects Project and state that, as of such date, except for amounts retained by the Trustee at the Company's written direction for any Project Costs not then due and payablepayable or if due and payable not then paid, or (i) the liability Project has been completed, (ii) all labor, services, materials and supplies used in the Project have been paid for, (iii) the equipment necessary for the payment of which Project has been installed to the Company's satisfaction, such equipment so installed is being contested or disputed in good faith by suitable and sufficient for the Borrower, (a) the acquisition, construction and equipping efficient operation of the components of Project for the Projects have been completed and the Costs of the Projects have been paid, and (b) all other facilities necessary in connection with the Projects have been acquired, constructed and installed intended purposes and all costs and expenses incurred in connection therewith the acquisition and installation of such equipment have been paidpaid and (iv) the Project is being operated as contemplated herein. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) Any moneys remaining in the Construction Project Fund on the date upon submission of the certificate described in Completion Certificate not required by the immediately preceding paragraph may be used, at the written direction of an Authorized Borrower Representative, the Company to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of be held to pay any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects outstanding invoice shall be transferred into by the Trustee to the Principal Account in the Bond Fund or as provided otherwise permitted in Section 4.09 of the Indenture. The Company shall direct the Trustee in writing to apply such moneys in increments of $5,000 to the redemption of the Bonds. For any moneys not in increments of $5,000, the Company shall direct the Trustee in writing to apply such moneys to the next principal and/or interest payments coming due on the Bonds.

Establishment of Completion Date. (a) The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state a Company Representative stating that, except for amounts retained by the Trustee at the Company's direction to pay any Cost of the Project not then due and payable, or (i) construction of the liability Project has been substantially completed and all costs then due of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the payment of which Project has been installed, such equipment so installed is being contested or disputed in good faith by suitable and sufficient for the Borrower, (a) the acquisition, construction and equipping operation of the components Project, and all costs then due and expenses incurred in the acquisition and installation of the Projects have been completed and the Costs of the Projects such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquiredrenovated, constructed expanded, rehabilitated and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the renovation, expansion, rehabilitation and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Construction Fund on the date General Account of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureConstruction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by (a) a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, acquisition and construction and equipping of the components of the Projects have Project has been substantially completed and the Costs all costs of the Projects labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the Project has been installed to Company’s satisfaction, such equipment so installed is suitable and sufficient for the operation of the Project, and substantially all costs and expenses incurred in the acquisition and installation of such equipment have been paid, except to the extent any such equipment is Leased Equipment, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, and installed equipped and all costs and expenses incurred in connection therewith have been paidpaid and (b) a certificate signed by an Authorized Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the Project and to the best knowledge of the Authorized Company Representative, after inquiry of the Project’s architect, the Project complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the federal Americans with Disabilities Act). Notwithstanding the foregoing, such the certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon substantial completion of the acquisition, construction, and equipping of the Project, Company agrees to cause such certificates to be furnished to Issuer and Trustee. Any moneys in the Construction Fund on remaining after the date Completion Date and payment, or provision for payment, of the certificate costs of financing the Project described in the immediately preceding paragraph may be usedabove, at the direction of an the Authorized Borrower Company Representative, to the extent indicatedpromptly, for the paymentand in all events on or before July 1, in accordance with the provisions of this Agreement1998, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the Indenture.be:

Establishment of Completion Date. The date upon which Completion of the money in Project and payment of the Construction Fund has been substantially exhausted, or costs related to the date upon which the Projects are substantially complete, Loan shall be evidenced by delivery to the Authority and to the Trustee by a certificate Purchaser of the Borrower’s Completion Certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, Representative stating the certificate shall set forth the total Costs date of completion of the Projects Project and state that, as of such date, except for amounts retained by the Agent at the Borrower’s direction for any cost of the Project not then due and payablepayable or, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, if due and payable not then paid: (ai) the acquisitionProject has been completed; (ii) the cost of all labor, construction services, materials and equipping of supplies used in the components of the Projects have been completed and the Costs of the Projects Project have been paid, or will be paid from amounts retained by the Agent at the Borrower’s direction for any cost of the restoration of the Project not then due and payable or, if due and payable, not then paid; and (biii) all other facilities necessary the Project is being operated as an authorized “project” under the Act and substantially as proposed in connection with the Projects have been acquired, constructed and installed and all costs and expenses incurred in connection therewith have been paidApplication. Notwithstanding the foregoing, such certificate shall the Borrower’s Completion Certificate may state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate the Borrower’s Completion Certificate or which may subsequently come into being. Moneys (including investment proceeds) Any amount remaining in the Construction Fund Escrow Accounts on the date Completion Date (except for amounts therein sufficient to cover costs of the certificate described in Project not then due and payable or not then paid) shall be used upon the immediately preceding paragraph may be used, at written instructions of the direction Borrower by the Agent to make prepayments of an Authorized Borrower Representative, to principal only on the extent indicated, for the payment, Note in accordance with its terms and following such date the provisions of this AgreementBorrower shall not permit such funds to be invested at a yield materially higher than the yield on the Bonds. Notwithstanding the foregoing, of any Costs on or prior to the third (3rd) anniversary of the Projects not then paid as specified in Closing Date, the above-mentioned certificate. Any moneys (including investment proceeds) Borrower shall cause any Bond Proceeds remaining in unexpended to be applied to redeem the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the IndentureBonds.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority and the Trustee Project Fund Depository by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs a duly authorized representative of the Projects and state County stating that, except for amounts retained by the Project Fund Depository at the County’s direction to pay any cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (a) the acquisition, construction and equipping of the components of the Projects have Project has been completed and the Costs all costs of the Projects labor, services, materials and supplies have been paid, and (b) all other facilities necessary in connection with the Projects Project have been acquired, constructed and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Upon receipt of such certificate, the Project Fund Depository shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of such amounts to the Sinking Fund, the Project Fund Depository shall give notice to the Authority and the County of the failure to apply such funds for payment of the costs of the Project. Any amount not to be retained in the immediately preceding paragraph may be Project Fund for payment of the costs of the Project, and all amounts so retained but not subsequently used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred by the Project Fund Depository into the Bond Sinking Fund as provided in and shall be used to pay the Indenture.next occurring principal amount due on the Series 2022 Bonds. [END OF ARTICLE III]

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, shall be evidenced to the Authority and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs Cost of the Projects and state that, except for amounts not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (a) the acquisition, construction and equipping of the components of the Projects have been completed and the Costs Cost of the Projects have been paid, and (b) all other facilities necessary in connection with the Projects have been acquired, constructed and installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date of the such certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs Cost of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs Cost of the Projects shall be transferred into the Bond Fund as provided or disbursed in accordance with Section 1.142-2 of the IndentureRegulations or any successor thereto. The Borrower acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Borrower determines that the Projects will not be completed or (ii) the date on which the last of the Projects is placed in service.

Establishment of Completion Date. (a) The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower a Company Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state as attached as Exhibit "C" hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, con­struc­tion, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Construction Fund on the date General Account of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureProject Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs Representative of the Projects and state that, except for amounts not then due and payable, or the liability Borrower stating in effect that (i) all Property for the payment of which Project has been acquired and all costs and expenses incurred in connection with such acquisition have been paid; (ii) all equipment for the Project has been installed, such equipment so installed is being contested or disputed in good faith by suitable and sufficient for the Borrower, (a) the acquisition, construction and equipping operation of the components Project, and all costs and expenses incurred in the acquisition and installation of the Projects have been completed and the Costs of the Projects such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date Forthwith upon completion of the acquisition and equipping of the Project, the Borrower agrees to cause such certificate described in the immediately preceding paragraph may to be used, at the direction of an Authorized Borrower Representative, furnished to the extent indicatedAuthority and the Trustee. If any amounts remain, for the payment, in accordance with the provisions prior to any transfer of this Agreement, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Borrower of the amount of funds remaining unspent in the IndentureProject Fund. Any remaining moneys on deposit in the Project Fund shall be forthwith applied to the payment of the Costs of the Project, or if not so applied shall be promptly transferred by the Trustee into the Bond Fund and applied as set forth in Section 2.03(b) below.

Establishment of Completion Date. (a) The date upon which Completion Date as to the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Project shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state a Company Representative stating that, except for amounts retained by the Trustee at the Company's direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction, improving, and equipping of the Project, the Company agrees to cause such a certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Construction Fund on the date General Account of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureConstruction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower a Company Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state as attached as Exhibit C hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Construction Fund on the date General Account of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureProject Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The date upon which Completion Date as to the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Project shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state a Company Representative stating that, except for amounts retained by the Trustee at the Company's direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved, and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction, improving, and equipping of the Project, the Company agrees to cause such a certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the applicable account in the Construction Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Construction Fund on the date General Account of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureConstruction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which At such time the Projects are substantially completecompleted (the “Completion Date”), a duly authorized representative of the Xxxxxx School System shall be evidenced provide a signed certificate to the Authority and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state Project Fund Depository stating that, except for amounts retained by the Project Fund Depository at the City’s direction to pay any cost of the Projects not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (a) the acquisition, construction and equipping of the components of the Projects have been completed and the Costs all costs of the Projects labor, services, materials and supplies have been paid, and (b) all other facilities necessary in connection with the Projects have been acquired, constructed and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Upon receipt of such certificate, the Project Fund Depository shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs costs of the Projects not then paid as specified due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of such amounts to the Sinking Fund, the Project Fund Depository shall give notice to the Authority and the City of the failure to apply such funds for payment of the costs of the Projects. Any amount not to be retained in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Project Fund on the date for payment of the aforesaid certificate and not so set aside for the payment of such Costs costs of the Projects Projects, and all amounts so retained but not subsequently used, shall be transferred by the Project Fund Depository into the Bond Sinking Fund as provided in and shall be used to pay principal of and interest on the IndentureSeries 2022 Bond.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by a certificate delivery of the Completion Certificate in the form attached as Exhibit "D" hereto, signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state a Company Representative stating that, except for amounts retained by the Trustee at the Company's direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ai) the acquisition, construction and equipping rehabilitation of the components of the Projects have Project has been completed and all costs of labor, services, materials and supplies used in connection with such rehabilitation have been paid, (ii) all equipment for the Costs Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Projects Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed rehabilitated, furnished and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, rehabilitation, furnishing and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund on a sum equal to the date amounts necessary for payment of the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Costs of the Projects Project not then paid as specified in the above-mentioned due and payable according to such certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date If any such amounts so retained are not subsequently used, prior to any transfer of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the IndentureConstruction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond Fund.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority Issuer and the Trustee by (a) a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state Company Representative stating that, except for amounts retained by Trustee at Company’s direction for any Cost of the Project not then due and payable, or (i) acquisition and construction of the liability Project has been substantially completed and all costs of labor, services, materials, and supplies used in such acquisition and construction have been paid, except for punch list items, for which adequate reserves shall have been established (ii) all equipment for the payment of which Project has been installed to Company’s satisfaction, such equipment so installed is being contested or disputed in good faith by suitable and sufficient for the Borrower, (a) the acquisition, construction and equipping operation of the components Project, and substantially all costs and expenses incurred in the acquisition and installation of the Projects have been completed and the Costs of the Projects such equipment have been paid, and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, and installed equipped and all costs and expenses incurred in connection therewith have been paidpaid and (b) certificate signed by an Authorized Company Representative stating that the Project has been substantially completed in accordance with all plans and specifications for the Project and complies with all applicable federal, State, and local laws, regulations, and other governmental requirements (including, without limitation, the federal Americans with Disabilities Act) . Notwithstanding the foregoing, such the certificate required by clause (a) above shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon substantial completion of the acquisition, construction, and equipping of the Project, Company agrees to cause such certificates to be furnished to Issuer and Trustee. Any moneys in the Construction Fund on remaining after the date Completion Date and payment, or provision for payment, of the certificate costs of financing the Project described in the immediately preceding paragraph may be usedabove, at the direction of an the Authorized Borrower Company Representative, to the extent indicatedpromptly, for the paymentand in all events on or before April 27, in accordance with the provisions of this Agreement1998, of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the Indenture.be:

Establishment of Completion Date. The date upon which Provision of the money in Project involves the Construction Fund has been substantially exhaustedacquisition of an existing building on leased land and the renovation and equipping of said building. If applicable as hereinafter provided, the Completion Date shall occur not later than one (1) year after any damage or destruction to the date upon which Project if the Projects are substantially completeProject is to be restored or rebuilt, and shall be evidenced to the Authority Director and to the Trustee by a certificate signed by an the Authorized Borrower Representative. Subject to Section 3.7Company Representative stating (i) the Completion Date, (ii) that all licenses and approvals, including a certificate of occupancy, for the certificate shall set forth the total Costs of the Projects and state Project required by any Governmental Authority have been obtained, (iii) that, except for amounts retained by the Trustee in the Project Fund for Allowable Costs of the Project not then due and payable, or Provision of the liability for Project has been completed in accordance with the payment Plans and Specifications and all labor, services, materials and supplies used in Provision of which is being contested or disputed in good faith by the BorrowerProject have been paid for, (a) the acquisition, construction and equipping of the components of the Projects have been completed and the Costs of the Projects have been paid, and (biv) all other facilities necessary in connection with the Projects Project have been acquiredconstructed, constructed acquired and installed in accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, (v) the Project Facilities and all other facilities necessary in connection with the Project have been constructed, acquired or installed, as the case may be, in such manner as to conform to all applicable zoning, planning, building, environmental and other regulations of the Governmental Authorities; provided that if any part of the construction or installation does not conform to such regulation, the certificate shall describe any such non-conformities and the actions being taken to remedy them, (vi) the Project Equipment, if any, (which shall be described in an exhibit attached to said certificate) has been installed to the Company's satisfaction, and as so installed is suitable and sufficient for the efficient operation of the Project for the Project Purposes, and (vii) all materially significant disputes, controversies or claims arising out of or in connection with the Provision of the Project have been resolved, satisfied or paid in full, as the case may be, except as otherwise disclosed in the certificate. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) The Company shall also deliver to the Director and to the Trustee a Final Cost Certification and completed forms AIA-G-702 and AIA-G-703. Any amount remaining in the Construction Project Fund on the date of Completion Date, except for amounts which the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, Company Representative certifies to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Trustee as being required to pay Allowable Costs of the Projects Project not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate due and not so set aside for the payment of such Costs of the Projects payable, shall be transferred into by the Bond Fund as provided in Trustee to the IndentureCollateral Proceeds Account.

Establishment of Completion Date. The date upon which the money in end of the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Period shall be evidenced to the Authority Issuer and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state a Company Representative stating that, except for amounts retained by the Trustee at the Company's direction to pay any Project Costs not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (a) the acquisition, construction and equipping installation of the components of the Projects have Project has been completed and the Project Costs of the Projects have been paid, and (b) all other facilities necessary in connection with the Projects have been acquired, constructed and installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction and installation of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of the certificate described Project Costs not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Note Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Project Costs. Any amount not to be retained in the immediately preceding paragraph may be Project Fund for payment of the Project Costs, and all amounts so retained but not subsequently used, at shall be transferred by the direction of an Authorized Borrower Representative, to Trustee into the extent indicated, for Note Fund. The transferred amounts (the payment, "Excess Proceeds") shall be retained in accordance with the provisions of this Agreement, of any Costs of the Projects not then paid as specified a segregated subaccount in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Note Fund on the date of the aforesaid certificate and not so set aside for the payment or redemption of Outstanding Notes at the earliest possible date after such Costs amounts become Available Moneys. Any provision of this Agreement or the Indenture to the contrary notwithstanding, the Excess Proceeds held in the Note Fund may not be invested to produce a yield (as computed under Section 1.103-13 of the Projects Federal Income Tax Regulations) greater than the yield on the Notes. The Trustee shall be transferred into have the Bond Fund as provided in right to request from the IndentureCompany and to rely on instructions with respect to the yield on the Notes.

Establishment of Completion Date. The date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, Completion Date shall be evidenced to the Authority and the Trustee by a certificate signed by an Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs Representative of the Projects and state that, except for amounts not then due and payable, or the liability for the payment of which is being contested or disputed Company stating in good faith by the Borrower, effect that (ai) the acquisition, construction and equipping of the components of the Projects have Project has been completed and the Costs all costs of the Projects labor, services, materials and supplies used in connection with such construction have been paid, ; (ii) all equipment for the Project has been acquired and installed and all costs and expenses incurred in connection therewith have been paid; and (biii) all other facilities necessary in connection with the Projects Project have been acquired, constructed constructed, improved and installed equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) Forthwith upon completion of the Project, the Company agrees to cause such certificate to be furnished to the Authority and the Trustee. Upon receipt of such certificate, the Trustee shall give notice to the Company of the amount of funds remaining unspent in the Construction Fund. Any remaining moneys on deposit in the Construction Fund on shall be forthwith applied to the date payment of the certificate described in Costs of the immediately preceding paragraph may Project, or if not so applied shall be used, at promptly transferred by the direction of an Authorized Borrower Representative, to Trustee into the extent indicated, for Bond Fund and used by the payment, Trustee in accordance with the provisions terms of this Agreement, Section 6.08 of any Costs of the Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Costs of the Projects shall be transferred into the Bond Fund as provided in the Indenture.

Establishment of Completion Date. The date upon which Company covenants that the money in the Construction Fund has been substantially exhaustedCompletion Date shall occur not later than March 1, or the date upon which the Projects are substantially complete, 1993. The Completion Date shall be evidenced to the Authority Director and to the Trustee by a certificate signed by an the Authorized Borrower Representative. Subject to Section 3.7, the certificate shall set forth the total Costs of the Projects and state Company Representative stating that, except for amounts retained by the Trustee in the Project Fund for Allowable Costs of the Project not then due and payable, or (i) Provision of the liability for Project has been completed in accordance with the payment of which is being contested or disputed Plans and Specifications and all labor, services, materials and supplies used in good faith by the Borrower, (a) the such acquisition, construction and equipping of the components of the Projects installation have been completed and the Costs of the Projects have been paidpaid for, and (bii) all other facilities necessary in connection with the Projects Project have been acquiredconstructed, constructed acquired and installed in accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, (iii) the Project Equipment, if any, (which shall be described in an exhibit attached to said certificate) has been installed to his satisfaction, and as so installed is suitable and sufficient for the efficient operation of the Project for the Project Purposes, and (iv) all materially significant disputes, controversies or claims arising out of or in connection with the acquisition, construction and installation of the Project have been resolved, satisfied or paid in full, as the case may be. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties that which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) The Company shall also deliver to the Director and to the Trustee a Cost Certification. Any amount remaining in the Construction Project Fund on the date of Completion Date, except for amounts which the certificate described in the immediately preceding paragraph may be used, at the direction of an Authorized Borrower Representative, Company Representative certifies to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Trustee as being required to pay Allowable Costs of the Projects Project not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate due and not so set aside for the payment of such Costs of the Projects payable, shall be transferred into by the Bond Fund as provided in Trustee to' the IndentureCollateral Proceeds Account.