Establishment of Completion Date; Obligation of Company to Complete Sample Clauses

Establishment of Completion Date; Obligation of Company to Complete. The Completion Date shall be evidenced to the Trustee and the Issuer by a certificate signed by the Authorized Company Representative stating the Completion Date and the Cost of the Project and stating that (i) construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor and all labor, services, materials and supplies used in such construction have been paid for (other than costs and expenses for which payment has been withheld), (ii) all other facilities necessary in connection with the Project have been constructed, acquired and installed in accordance with the plans, specifications and work orders therefor and all costs and expenses incurred in connection therewith (other than costs and expenses for which payment has been withheld) have been paid and (iii) at least 95% of the costs previously disbursed and to be disbursed from the Construction Fund (including moneys to be disbursed in accordance with the next succeeding paragraph of this Section 3.4) are Qualified Costs of Construction, and all of such costs are costs permitted by the Act. The Company may withhold payment and direct the Trustee to retain in the Construction Fund an amount sufficient to pay any Cost of the Project which has been incurred; such retained moneys shall be disbursed after the Completion Date in the manner provided in Section 3.3 hereof. If the Company withholds the payment of any such cost or expense of the Project the certificate shall state the amount of such withholding and the reason therefor. 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 such certificate or which may subsequently come into being. It shall be the duty of the Company to cause such certificate to be furnished to the Trustee within 60 days after the Project shall have been completed. Moneys (including investment proceeds) remaining in the Construction Fund on the date of such certificate may be used, at the direction of the Authorized Company Representative, to the extent indicated, for one or more of the following purposes: (1) for the payment, in accordance with the provisions of this Agreement, of any Cost of the Project not theretofore paid, as specified in the above-mentioned completion certificate; or (2) for transfer to the Bond Fund, but only if, and to the extent that, the Trustee has been furnished with an opinion of Bond...

Establishment of Completion Date; Obligation of Company to Complete. As soon as the Project is completed, the Authorized Company Representative, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Issuer stating the amounts to be retained by the Trustee for Costs of the Project not then due and payable or the liability for which the Company is contesting and that, except for such amounts (i) construction of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in construction have been paid for, and (ii) all other facilities necessary in connection with the Project have been acquired, constructed and installed in accordance with the plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Company against third parties for the payment of any amount not then due and payable which exist at the date of such certificate or which may subsequently exist.