Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Completion Date shall be evidenced to the Trustee by a certificate signed by the Authorized Authority Representative and stating (i) that the acquisition, planning, construction, equipping and improvement of the Project has been completed in accordance with the Project Documents, (ii) that all costs and expenses incurred in the acquisition, planning, construction, equipping and improvement of the Project have been paid except costs and expenses the payment of which is not yet due or is being retained or contested in good faith by the Authority, and (iii) amounts to be retained by the Trustee with respect to item (ii) above. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being.

Appears in 6 contracts

Samples: Financing, Construction and Lease Agreement, Construction and Lease Agreement, Financing, Construction and Lease Agreement

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Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Trustee by a certificate Lessor of the Completion Certificate signed by the Authorized Authority City Representative and stating (i) that the acquisition, planning, construction, improvement, furnishing and equipping and improvement of the Project has been completed in accordance with the Project DocumentsPlans and Specifications, (ii) that all costs and expenses incurred in the acquisition, planning, construction, equipping and improvement of the Project Costs have been paid except costs and expenses the payment of which is not yet due or is being retained or contested in good faith by the AuthorityLessee, and (iii) amounts to be retained by the Trustee Lessor with respect to item (ii) above. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Establishment of Completion Date. The Completion Date shall be evidenced to the Trustee by a certificate signed by the Authorized Authority Company Representative and stating (ia) that the acquisition, planning, construction, equipping improvement and improvement installation of the Project has been completed in accordance with the Project DocumentsPlans and Specifications, (iib) that all costs and expenses incurred in the acquisition, planning, construction, equipping improvement and improvement installation of the Project have been paid except costs and expenses the payment of which is not yet due or is being retained or contested in good faith by the AuthorityCompany, and (iiic) amounts to be retained by the Trustee with respect to item (iib) above. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. The Company and the City agree to cooperate in causing such certificate to be furnished to the Trustee.

Appears in 1 contract

Samples: Lease Agreement

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Establishment of Completion Date. The Completion Date shall be evidenced to the Trustee by a certificate signed by the Authorized Authority Company Representative and stating (ia) that the acquisition, planningpurchase, construction, equipping improvement and improvement installation of the Project has been completed in accordance with the Project DocumentsPlans and Specifications, (iib) that all costs and expenses incurred in the acquisition, planningpurchase, construction, equipping improvement and improvement installation of the Project have been paid except costs and expenses the payment of which is not yet due or is being retained or contested in good faith by the AuthorityCompany, and (iiic) amounts to be retained by the Trustee with respect to item (iib) above. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. The Company and the City agree to cooperate in causing such certificate to be furnished to the Trustee.

Appears in 1 contract

Samples: Lease Agreement

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