Agreement to Acquire. From the principal proceeds derived from the sale of the Bonds, the Lessor will pay the Cost of (a) acquiring the Realty and (b) acquiring, constructing and installing the Improvements, the Equipment and the Project on the Realty in accordance with the Plans and Specifications previously approved as the same may be modified from time to time by the mutual consent of the parties thereto and notice given to the Lessor. The Lessor will commence the acquisition, construction and installation of the Improvements and the Equipment as promptly as practicable, will continue said construction, acquisition and installation with all reasonable dispatch and will cause the Project to be substantially complete no later than May 18, 1985. Neither the Lessor nor the Independent Architect shall make changes in or amendments to the Plans and Specifications, construction contracts or any of them without the Lessee's prior written consent, but shall make such changes or amendments, including additions thereto, as the Lessee may request, provided such changes or amendments will not change the character of the Project nor increase the cost thereof above funds available for the completion thereof. The Trustee shall be given at least five days' prior written notice of any substantial changes or amendments. The Lessor shall cause construction and installation of the Equipment and the Improvements to be performed under a construction contract to be agreed upon by the Lessor, the Lessee and the purchaser of the Bonds. Such construction shall be promptly commenced and diligently pursued to substantial completion on or before the date mentioned above (herein referred to as the "completion date"). Any and all amounts received by the Lessor from any of the construction contractors or other suppliers of materials and equipment, by way of damages for breach of contract, refunds or adjustments, shall become part of and be deposited in the Project Fund. The Lessor will enter into, or accept the assignment of, such contracts as the Lessee may request in order to effectuate the purposes of this Section.
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Agreement to Acquire. From the principal proceeds derived from the sale of the Bonds, the Lessor will pay the Cost of (a) acquiring The Project Site has been acquired by the Realty and (b) acquiring, constructing and installing the Improvements, the Equipment and the Project on the Realty Issuer in accordance with the Plans and Specifications previously approved as the same may be modified from time to time by the mutual consent instructions of the parties thereto Lessee and notice given is described in Exhibit A to the Lessorthis Lease Agreement. The Lessor will commence Improvements are to be constructed and installed on the acquisition, construction Project Site. The personal property and installation fixtures to be acquired and installed as part of the Project are described in Exhibit B to this Lease Agreement. The Improvements and the Equipment shall be constructed and installed on the Project Site.
(b) The Lessee shall be solely responsible for the planning and design of the Project, the preparation of contracts and purchase orders for the Project and the supervision of the work on the Project. The acquisition, construction, rehabilitation, installation and equipping of the Project shall be in accordance with all applicable zoning, planning and building restrictions, and the Lessee shall obtain all necessary governmental permits, licenses, certificates, authorizations and approvals necessary to be obtained for the acquisition, construction, installation and operation of the Project.
(c) The Issuer shall enter into, assume or accept the assignment of such contracts and purchase orders for the Project as promptly the Lessee shall request in writing, subject to the requirements of Section 10.01.
(d) The Issuer will cooperate with the Lessee in good faith in the acquisition, construction, rehabilitation, installation and equipping of the Project in order that the Project may be completed and placed in service as soon as practicable, will continue said construction, acquisition and installation with all reasonable dispatch and will .
(e) The Lessee may cause the Project to be substantially complete no later than May 18, 1985. Neither the Lessor nor the Independent Architect shall make changes in or amendments to be made in the Plans plans and Specifications, construction contracts or any of them without specifications for the Lessee's prior written consent, but shall make such changes or amendments, including additions thereto, as the Lessee may requestProject, provided such changes or amendments will not change the character nature of the Project nor increase to the cost thereof above funds available extent that it would not qualify for financing under the Enabling Law and Section 144(a) of the Code. The Issuer will make only such changes or amendments in the plans and specifications for the completion thereof. Project as may be requested in writing by the Lessee.
(f) The Trustee shall be given at least five days' prior written notice of any substantial changes or amendments. The Lessor Issuer shall cause construction and installation of the Equipment and the Improvements withdrawals to be performed under a construction contract made from the Construction Fund for the payment of Project Costs (including reimbursement to be agreed upon by the Lessor, the Lessee and for Project Costs), subject to the purchaser requirements of the Bonds. Such construction shall be promptly commenced and diligently pursued to substantial completion on or before the date mentioned above (herein referred to as the "completion date"). Any and all amounts received by the Lessor from any of the construction contractors or other suppliers of materials and equipment, by way of damages for breach of contract, refunds or adjustments, shall become part of and be deposited in the Project Fund. The Lessor will enter into, or accept the assignment of, such contracts as the Lessee may request in order to effectuate the purposes of this SectionSection 3.02.
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