Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor of the Completion Certificate signed by the Authorized City Representative stating (i) that the acquisition, construction, improvement, furnishing and equipping of the Project has been completed in accordance with the Plans and Specifications, (ii) that all 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 Lessee, and (iii) amounts to be retained by the 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. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund shall be applied by the Lessor as provided in Section 505 of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior to the delivery of the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior to the date that is three years after the date the Certificates are issued, the moneys remaining in the Project Fund may be utilized by the Lessor to complete construction of the Project or, upon termination of the term of this Lease, may be disbursed as provided in the Indenture. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor of the Completion Certificate Trustee by a certificate signed by the Authorized City Company Representative stating that, except for amounts retained by the Trustee for Project costs not then due and payable as provided in Section 4.3(g), (ia) that the acquisition, construction, improvement, furnishing construction and equipping installation of the Project has have been completed substantially in accordance with the plans and specifications therefor and all labor, services, materials, supplies and/or equipment used in such acquisition, construction and installation have been paid for, (b) all other facilities necessary in connection with the Project have been acquired, constructed and installed substantially in accordance with the Plans and Specifications, (ii) that Specifications therefor and all Project Costs have been paid except costs and expenses incurred in connection therewith have been paid, (c) the payment Project and all other facilities in connection therewith have been acquired, constructed and installed to his satisfaction and are suitable and sufficient for the efficient operation of which is not yet due or is being retained or contested in good faith by the LesseeProject for its intended purposes, and (d) a certificate of occupancy, if required, and (iii) amounts to be retained by any other permissions required of governmental authorities for the Lessor with respect to item (ii) aboveoccupancy of the Project have been obtained. Notwithstanding the foregoing, such certificate by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into being. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund being and shall be applied in substantially the form attached hereto as Exhibit "D" and by the Lessor as provided in Section 505 this reference thereto made a part hereof. The Company agrees to furnish a copy of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior such certificate to the delivery of Issuer at the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project same time such document is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior furnished to the date that is three years after the date the Certificates are issued, the moneys remaining in the Project Fund may be utilized by the Lessor to complete construction of the Project or, upon termination of the term of this Lease, may be disbursed as provided in the IndentureTrustee. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor Trustee of the Completion Certificate signed by the Authorized City District Representative and the Project Architect stating (i) that the acquisition, construction, improvement, renovation, furnishing and equipping of the Project has been completed in accordance with the Plans and Specifications, (ii) that all 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 LesseeDistrict, and (iii) amounts to be retained by the Lessor 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. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund shall be applied by the Lessor Trustee as provided in Section 505 of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior to the delivery of the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior to the date that is three years after the date the Certificates are issued, 20 , the moneys remaining in the Project Fund may be utilized by the Lessor Trustee to complete construction of the Project or, upon termination of the term of this Lease, may be disbursed as provided in the Indenture. (d) The Lessee District hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor of the Completion Certificate Trustee by a certificate signed by the Authorized City Company Representative stating that, except for amounts retained by the Trustee for costs of the Facilities not then due and payable as provided in Section 3.3(h), (ia) that the acquisition, construction, improvement, furnishing construction and equipping installation of the Project has Facilities have been completed substantially in accordance with the Plans plans and Specificationsspecifications therefor and all labor, (ii) that all Project Costs services, materials, supplies and/or equipment used in such acquisition, construction and installation have been paid except for, (b) all other facilities necessary in connection with the Facilities have been acquired, constructed and installed substantially in accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, (c) the payment Facilities and all other facilities in connection therewith have been acquired, constructed and installed In his satisfaction and are suitable and sufficient for the efficient operation of which is not yet due the Facilities for its intended purposes, (d) substantially all of the net proceeds of the sale of the Bonds have been used to acquire land or is being retained property of a character subject to the allowance for depreciation under Section 167 of the Code and such costs representing proceeds so used are properly chargeable to the capital account of the Company for Federal income tax purposes or contested in good faith would be so chargeable either with a proper election by the LesseeCompany or but for a proper election by the Company in deduct the costs, and (e) a certificate of occupancy, if required, and (iii) amounts to be retained by any other permissions required of governmental authorities for the Lessor with respect to item (ii) aboveoccupancy of the Facilities have been obtained. Notwithstanding the foregoing, such certificate by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into being. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund being and shall be applied in substantially the form attached hereto as Exhibit C and by the Lessor as provided in Section 505 this reference thereto made a part hereof. The Company agrees to furnish a copy of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior such certificate to the delivery of Issuer at the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project same time such document is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior furnished to the date that is three years after the date the Certificates are issued, the moneys remaining in the Project Fund may be utilized by the Lessor to complete construction of the Project or, upon termination of the term of this Lease, may be disbursed as provided in the IndentureTrustee. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor of the Completion Certificate Depository by a certificate signed by the Authorized City Company Representative stating that, except for amounts retained by the Trustee for costs of the Facilities not then due and payable as provided in Section 3.3(h). (ia) that the acquisition, construction, improvement, furnishing construction and equipping installation of the Project has Facilities have been completed substantially in accordance with the Plans plans and Specificationsspecifications therefor and all labor, (ii) that all Project Costs services, materials, supplies and/or equipment used in such acquisition, construction and installation have been paid except for, (b) all other facilities necessary in connection with the Facilities have been acquired, constructed and installed substantially in accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, (c) the payment Facilities and all other facilities in connection therewith have been acquired, constructed and installed to his satisfaction and are suitable and sufficient for the efficient operation of which is not yet due the Facilities for its intended purposes, (d) substantially all of the net proceeds of the sale of the Bonds have been used to acquire land or is being retained property of a character subject to the allowance for depreciation under Section 167 of the Code and such costs representing proceeds so used are properly chargeable to the capital account of the Company for Federal income tax purposes or contested in good faith would be so chargeable either with a proper election by the LesseeCompany or but for a proper election by the Company to deduct the costs, and (e) a certificate of occupancy, if required, and (iii) amounts to be retained by any other permissions required of governmental authorities for the Lessor with respect to item (ii) aboveoccupancy of the Facilities have been obtained. Notwithstanding the foregoing, such certificate by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into being. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund being and shall be applied in substantially the form attached hereto as Exhibit C and by the Lessor as provided in Section 505 this reference thereto made a part hereof. The Company agrees to furnish a copy of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior such certificate to the delivery of Issuer at the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project same time such document is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior furnished to the date that is three years after the date the Certificates are issued, the moneys remaining in the Project Fund may be utilized by the Lessor to complete construction of the Project or, upon termination of the term of this Lease, may be disbursed as provided in the IndentureTrustee. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced by delivery to the Lessor by a certificate of substantial completion listing the Completion Certificate items to be completed or corrected, if any, and the amounts to be withheld therefor, signed by the Authorized City Lessee Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary for Costs of the Project not then due and payable, (i) that the acquisition, construction, improvement, furnishing and equipping construction of the Project has been substantially completed without material deviation from the Plans and Specifications and all labor, services, materials, and supplies used in such construction have been paid or provided for, (ii) all other facilities necessary in connection with the construction of the Project have been constructed, acquired, equipped, and installed substantially in accordance with the Plans and Specifications, (ii) that Specifications and all Project Costs costs and expenses incurred in connection therewith have been paid except costs and expenses or provided for, (iii) according to the payment “as built” survey of which is the Leased Premises or a certificate of the surveyor, the Building does not yet due encroach on any other property or is being retained violate any setback or contested in good faith by sideline requirements applicable to the LesseeLeased Premises, and (iiiiv) amounts to be retained a certificate of occupancy for the Project has been issued by the Lessor with respect to item (ii) aboveappropriate local governmental authorities. Notwithstanding the foregoing, such certificate shall may 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 Consulting Architect shall certify the matters covered by (bi) Upon receipt and (ii) above. It shall be the duty of the Completion Certificate, any remaining moneys then in Lessee to cause the Project Fund shall certificate contemplated by this Section to be applied by furnished as soon as the Lessor as provided in Section 505 of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior to the delivery of the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior to the date that is three years after the date the Certificates are issued, the moneys remaining in the Project Fund may be utilized by the Lessor to complete construction of the Project orshall have been substantially completed. If the Lessee undertakes additional Projects, upon termination of it shall establish a Completion Date in accordance with the term of this Lease, may be disbursed as provided in the Indentureforegoing procedures. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project Fund.

Establishment of Completion Date. (a) The Company covenants that the Completion Date shall occur not later than March 1, 1993. The Completion Date shall be evidenced by delivery to the Lessor of Director and to the Completion Certificate Trustee by a certificate signed by the Authorized City 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, (i) that the acquisition, construction, improvement, furnishing and equipping Provision of the Project has been completed in accordance with the Plans and SpecificationsSpecifications and all labor, services, materials and supplies used in such acquisition, construction and installation have been paid for, (ii) that all other facilities necessary in connection with the Project Costs have been paid except 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 payment 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 which is not yet due or is being retained or contested in good faith by the LesseeProject for the Project Purposes, and (iiiiv) amounts to be retained by all materially significant disputes, controversies or claims arising out of or in connection with the Lessor with respect to item (ii) aboveacquisition, 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 which exist at the date of such certificate or which may subsequently come into being. (b) Upon receipt of the Completion Certificate, any remaining moneys then in the Project Fund . The Company shall be applied by the Lessor as provided in Section 505 of the Indenture. (c) If an Event of Nonappropriation or an Event of Default shall occur prior also deliver to the delivery of the Completion Certificate pursuant to Section 505 of the Indenture, or, in the event that the Project is not substantially completed, as evidenced by delivery of the Completion Certificate on or prior Director and to the date that is three years after the date the Certificates are issued, the moneys Trustee a Cost Certification. Any amount remaining in the Project Fund may be utilized by on the Lessor Completion Date, except for amounts which the Authorized Company Representative certifies to complete construction the Trustee as being required to pay Allowable Costs of the Project ornot then due and payable, upon termination of the term of this Lease, may shall be disbursed as provided in the Indenture. (d) The Lessee hereby covenants, to the extent permitted by law, to use other available funds, but only to the extent contemplated transferred by the Construction Contracts or from lawfully available moneys specifically appropriated for that purpose, to Trustee to' the extent necessary to complete the design and construction of the Project as herein required, or to make certain design changes in the Project to the extent necessary to complete the Project with moneys then available for such purposes in the Project FundCollateral Proceeds Account.