Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Project shall be completed not later than ____ __, 2022. Completion of the Project shall be evidenced by delivery to the Authority and the Trustee of the Company’s Completion Certificate (attached hereto as Exhibit E) signed by a Company Representative stating the date of completion of the Project and that, as of such date, except for amounts retained by the Trustee at the Company’s direction for any Project Cost not then due and payable or, if due and payable, not then paid: (i) that portion of the Project Facilities to be financed with the proceeds of the Bonds have been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project Facilities not then due and payable or, if due and payable, not then paid; (iii) the Project Facilities have been installed to the Company’s satisfaction, such Project Facilities so installed are suitable and sufficient for the efficient operation of the Project for the intended purposes and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iv) the Project Facilities are being operated as an authorized “project” under the Act and substantially as proposed in the Application; and (v) the Company has required in all Construction Contracts that wages paid to workers employed in the performance of such Construction Contracts be paid, or determined that such workers were paid, at a rate not less than the Prevailing Wage Rate. Upon receipt of such certificate by the Trustee, the Company shall direct the Trustee in writing to transfer any amounts remaining in the Project Fund (except for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid or the holdback required to be retained in the Project Fund pursuant to the Affirmation Action Regulations) to the Redemption Fund. Amounts transferred into the Redemption Fund hereunder shall be used to prepay the amounts payable hereunder prior to the full payment of the Bonds and to redeem the Bonds on the next succeeding redemption date on which the Bonds can be redeemed without penalty or premium, pursuant to the Indenture. The Company shall not cause amounts held in the Redemption Fund to be invested at a Yield materially higher than the Yield on the Series 2019 Bonds.

Establishment of Completion Date. The Project shall be completed not later than ____ __, 2022. Completion of When the Project has been substantially completed, such substantial completion shall be evidenced by delivery to the Authority Authority, to the Custodian and to the Holder by a certificate of occupancy issued by the applicable governmental authority, accompanied by a certificate of the Company stating that the Leased Improvements have been substantially completed, listing the items, if any, that need to be completed or corrected and the Trustee amounts needed therefor, signed by the Authorized Company Representative and stating (I) that the construction of the Leased Improvements has been substantially completed and (2) all Qualified Project Costs, Company’s Completion Certificate Project Costs for which the Company has accepted the responsibility for payment, and Authority’s Project Costs for which the Authority has accepted the responsibility for payment have been paid except for amounts needed to be disbursed for Qualified Project Costs, Company’s Project Costs for which the Company has accepted the responsibility for payment, and Authority’s Project Costs for which the Authority has accepted the responsibility for payment which either are (attached hereto as Exhibit Ei) signed by a Company Representative stating not yet due and payable or (ii) are being contested (the estimated amount of such not yet due or contested amounts being set forth in the certificate). Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of completion such certificate or which may subsequently come into being. It shall be the duty of the Company to cause the certificate contemplated by this Section to be furnished as soon as the construction of the Leased Improvements shall have been substantially completed. When the Project has been fully completed and thatall Qualified Project Costs, as of such date, except for amounts retained by the Trustee at the Company’s direction Project Costs for any Project Cost not then due and payable or, if due and payable, not then paid: (i) that portion of the Project Facilities to be financed with the proceeds of the Bonds have been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project Facilities not then due and payable or, if due and payable, not then paid; (iii) the Project Facilities have been installed to the Company’s satisfaction, such Project Facilities so installed are suitable and sufficient for the efficient operation of the Project for the intended purposes and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iv) the Project Facilities are being operated as an authorized “project” under the Act and substantially as proposed in the Application; and (v) which the Company has required in all Construction Contracts that wages paid to workers employed in accepted the performance of such Construction Contracts be responsibility for payment, and Authority’s Project Costs for which the Authority has accepted the responsibility for payment have been fully paid, or determined that such workers were paid, at a rate not less than the Prevailing Wage Rate. Upon receipt of such certificate by the Trustee, the Company shall direct so notify the Trustee Authority, the Custodian and the Holder in writing writing, whereupon the Construction Period shall terminate. The date of such notice shall be the “Completion Date.” If the Completion Date is later than March 1, 2001, and such delay was unexcused and was proximately caused by acts or omissions involving the Company, the Company’s obligation to transfer any amounts remaining pay Basic Rent shall nevertheless commence as though the Completion Date had occurred as of March 1, 2001, and, in addition, the Project Fund (except for amounts therein sufficient Authority may avail itself of its other rights and remedies at law or in equity. If the Completion Date is later than July 1, 2001, and such delay was unexcused and was proximately caused by acts or omission not involving the Company, the Company may at its option terminate this Lease and the Construction Management Agreement, effective immediately upon giving written notice of termination to cover costs the Authority, and such termination shall be without prejudice to the accrued rights and claims of the Project not then due and payable or not then paid or the holdback required to be retained in the Project Fund pursuant to the Affirmation Action Regulations) to the Redemption Fundparties. Amounts transferred into the Redemption Fund hereunder A party shall be used to prepay the amounts payable hereunder prior to the full payment of the Bonds excused from responsibility for delay if such delay was beyond its reasonable control and to redeem the Bonds on the next succeeding redemption date on which the Bonds can be redeemed without penalty its fault or premium, pursuant to the Indenture. The Company shall not cause amounts held in the Redemption Fund to be invested at a Yield materially higher than the Yield on the Series 2019 Bondsnegligence.

Establishment of Completion Date. The Project shall be completed not later than ____ __, 2022. Completion of the Project shall be evidenced by delivery to the Authority and to the Trustee Purchaser of the CompanyBorrower’s Completion Certificate (attached hereto as Exhibit E) signed by a Company an Authorized Borrower Representative stating the date of completion of the Project and that, as of such date, except for amounts retained by the Trustee Escrow Agent at the CompanyBorrower’s direction for any cost of the Project Cost not then due and payable or, if due and payable, payable not then paid: (i) that portion of the Project Facilities to be financed with the proceeds of the Bonds have has been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Trustee Escrow Agent at the Company’s direction for any cost of the Project Facilities not then due and payable or, if due and payable, not then paid; (iii) the Project Facilities have been installed to the Company’s satisfaction, such Project Facilities so installed are suitable and sufficient for the efficient operation of the Project for the intended purposes and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, or will be paid from amounts retained by the Trustee at the CompanyBorrower’s direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iviii) the Project Facilities are is being operated as an authorized “project” under the Act and substantially as proposed in the Application; (iv) the Borrower has reviewed the Contractor’s Completion Certificate and the Borrower has no knowledge or information that the representations contained therein are false or misleading; and (v) the Company Borrower has required in all Construction Contracts that wages paid to workers employed in the performance of such Construction Contracts be paid, or determined that such workers were paid, paid at a rate not less than the Prevailing Wage Rate. Upon receipt of such certificate by Notwithstanding the Trusteeforegoing, the Company shall direct Borrower’s Completion Certificate may state that it is given without prejudice to any rights against third parties which exist at the Trustee in writing to transfer any amounts date of the Borrower’s Completion Certificate or which may subsequently come into being. Any amount remaining in the Project Fund Escrow Account on the Completion Date (except for amounts therein sufficient to cover costs of the Project not then due and payable or not then paid or the holdback required to be retained in the Project Fund pursuant to the Affirmation Action Regulationspaid) to the Redemption Fund. Amounts transferred into the Redemption Fund hereunder shall be used to prepay upon the amounts payable hereunder prior to the full payment written instructions of the Bonds and Borrower or the Authority by the Escrow Agent to redeem the Bonds make prepayments of principal only on the next succeeding redemption Note in accordance with its terms, without premium or penalty, and following such date on which the Bonds can be redeemed without penalty or premium, pursuant to the Indenture. The Company Borrower shall not cause amounts held in the Redemption Fund permit such funds to be invested at a Yield yield materially higher than the Yield yield on the Series 2019 Bonds.

Establishment of Completion Date. The Project shall be completed not later than ____ __Completion Date for the 2003 Facility and any Additional Facilities, 2022. Completion of to the Project extent applicable, shall be evidenced to the Trustee and the Credit Facility Provider by the Borrower’s delivery to the Authority Trustee, the Issuer and the Trustee Credit Facility Provider of the Company’s a Completion Certificate (appropriately completed) substantially in the form attached hereto to this Loan Agreement as Exhibit E) signed by A and made a Company Representative stating the date of completion of the Project and that, as of such date, except for amounts retained by the Trustee at the Company’s direction for any Project Cost not then due and payable or, if due and payable, not then paid: (i) that portion of the Project Facilities to be financed with the proceeds of the Bonds have been completed; (ii) the cost of all labor, services, materials and supplies used in the Project have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project Facilities not then due and payable or, if due and payable, not then paid; (iii) the Project Facilities have been installed to the Company’s satisfaction, such Project Facilities so installed are suitable and sufficient for the efficient operation of the Project for the intended purposes and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, or will be paid from amounts retained by the Trustee at the Company’s direction for any cost of the Project not then due and payable or, if due and payable, not then paid; (iv) the Project Facilities are being operated as an authorized “project” under the Act and substantially as proposed in the Application; and (v) the Company has required in all Construction Contracts that wages paid to workers employed in the performance of such Construction Contracts be paid, or determined that such workers were paid, at a rate not less than the Prevailing Wage Ratepart hereof. Upon receipt of such certificate a Completion Certificate for the 2003 Facility and any Additional Facilities, the Trustee shall apply any Excess Bond Proceeds remaining in the Facility Fund with respect thereto, other than moneys necessary for the payment of Facility Costs incurred by the TrusteeBorrower but not then due or payable, as provided in Section 5.5 of the Indenture. With respect to Excess Bond Proceeds remaining in the Facility Fund after the Completion Date, the Company Borrower shall direct the Trustee in writing (a) to transfer apply such Excess Bond Proceeds to redeem Bonds of the Series from which the Excess Bond Proceeds derive pursuant to Section 5.5 of the Indenture, or (b) to apply such Excess Bond Proceeds to purchase Bonds Tendered or Deemed Tendered for Purchase. If any amounts remaining portion of such Excess Bond Proceeds aggregating less than an Authorized Denomination is not used to redeem or purchase Bonds as provided in the Project Fund (except for amounts therein sufficient preceding sentence or to cover costs pay the Borrower’s reimbursement obligations to the Credit Facility Provider to the extent of drawings paid by the Project not then due and payable Credit Facility Provider to redeem or not then paid purchase Bonds as provided in the preceding sentence, within 12 months of being deposited in the Principal Account or the holdback required to be retained in Purchase Account, as the Project Fund pursuant to the Affirmation Action Regulations) to the Redemption Fund. Amounts transferred into the Redemption Fund hereunder case may be, such Excess Bond Proceeds shall be used to prepay the amounts payable hereunder prior to the full payment applied as provided in Section 5.5 of the Bonds and to redeem the Bonds on the next succeeding redemption date on which the Bonds can be redeemed without penalty or premium, pursuant to the Indenture. The Company Notwithstanding the foregoing, the Completion Certificate shall not state that it is given without prejudice to any rights against third parties which exist at the date of the Completion Certificate or which may subsequently come into being. It shall be the duty of the Borrower to cause amounts held in the Redemption Fund Completion Certificates to be invested at a Yield materially higher than furnished as soon as the Yield on acquisition of the Series 2019 Bonds2003 Facility and any Additional Facilities, to the extent applicable, shall have been completed.