Common use of Establishment of Completion Date; Obligation of Company to Complete Clause in Contracts

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority Issuer stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists exist at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable Promptly after the construction and/or equipping of the Project is completed, the as applicable, an Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate Certificate to the Trustee and the Authority Issuer (if so requested by the Issuer) stating that the construction and/or equipping of the Project Financed Assets has been completed substantially in accordance with the plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the construction have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights requirements of the Company against third parties for any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently existIndenture. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 3.03 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction construction, equipping and installation of the Project Financed Assets as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund directly moneys sufficient to pay, any costs of completing the acquisition, construction construction, equipping and installation of the Project Financed Assets in excess of the moneys then available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the ProjectTHE ISSUER MAKES NO EXPRESS OR IMPLIED WARRANTY THAT THE MONEYS DEPOSITED IN THE PROJECT FUND AND AVAILABLE FOR PAYMENT OF THE COSTS OF THE PROJECT, under the provisions of this AgreementUNDER THE PROVISIONS OF THIS AGREEMENT, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2WILL BE SUFFICIENT TO PAY ALL THE AMOUNTS WHICH MAY BE INCURRED FOR SUCH COSTS OF THE PROJECT.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority Issuer stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable Promptly after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority (if so requested by the Authority) stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists exist at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction construction, acquisition, installation, equipping and improvement of the Project is completed, the an Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority upon which the Trustee and the Authority may conclusively rely stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisitionconstruction, construction installation and installation equipping of the Project as contemplated in this Agreementfull, the Company agrees to pay directly, or to deposit in the Project Fund Fund, moneys sufficient to pay, pay any costs of completing the acquisitionconstruction, construction installation and installation equipping of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no representation or warranty, express or implied warranty implied, that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Projectcosts. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee Authority or from any funds on deposit under the holders of any of the BondsIndenture, nor shall it be entitled to any diminution of the amounts payable under Section 4.24.2 hereof.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction construction, acquisition, installation, equipping and improvement of the Project is completed, the an Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee upon which the Trustee may conclusively rely and to the Authority Issuer (if so requested by the Issuer) stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 3.4 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisitionconstruction, construction installation and installation equipping of the Project as contemplated in this Agreementfull, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisitionconstruction, construction installation and installation equipping of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Projectcosts. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it they shall not be entitled to any reimbursement therefor from the AuthorityIssuer, from the Trustee or from the holders of any of the Bonds, nor shall it they be entitled to any diminution of the amounts payable under Section 4.24.2 hereof.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after (a) If moneys in the construction Project Fund are not sufficient to pay all costs of the Project, the Company will use reasonable efforts to complete the Project in accordance with the Plans and Specifications. The Company shall not be entitled to any reimbursement for any such additional costs of the Project is completedfrom the Issuer, the Authorized Representative Trustee, any Credit Facility Provider, any Liquidity Facility Provider, or any Holder; nor shall it be entitled to any abatement, diminution or postponement of its obligation to make the CompanyFinancing Payments. (b) The Company shall notify the Issuer, on behalf any Credit Facility Provider, any Liquidity Facility Facility Provider and the Trustee of the Company, shall evidence the Completion Date by providing a certificate signed by an Authorized Company Representative stating: (i) the date on which the Project was substantially completed, which date shall be not later than three years after initial delivery of the Bonds or such later date as will not, in the opinion of Bond Counsel, cause interest on the Bonds to the Trustee and the Authority stating become includable in gross income for U.S. federal income tax purposes; (ii) that the construction development, acquisition, design, engineering, permitting, equipping, construction, installation, improvement, commissioning, start-up and testing of the property comprising the Project has been completed substantially accomplished in accordance such a manner as to conform with all material applicable planning, building, environmental and other similar governmental regulations; (iii) that except as provided in subsection (iv) of this Section, all material costs of that development, construction, equipping and improvement then or theretofore due and payable have been paid; and (iv) the plans, specifications and work orders therefor, and all labor, services, materials and supplies used amounts which the Trustee shall retain in the construction have been paid Project Fund after substantial completion of the Project for the payment of costs of the Project not yet due or provided forfor liabilities which the Company is contesting or which otherwise should be retained and the reasons such amounts should be retained. Notwithstanding the foregoing, such That certificate may shall state that it is given without prejudice to any rights of the Company against third parties for any claims which then exist or for the payment of any amount not then due and payable which exists at the date of such subsequently may come into being. The certificate or which may subsequently exist. All moneys remaining in the Project Fund shall be delivered as promptly as practicable after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs occurrence of the Project have been provided for shall be transferred events and conditions referred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions subsections (i) through (iii) of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after The completion of the acquisition, construction and equipping of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate be evidenced to the Trustee by a certificate signed by the Company Representative stating such date (the "Completion Date") and the Authority cost of the Project and stating that (i) the acquisition, construction and equipping of the Project has been completed substantially in accordance with the plans, specifications and work orders therefor, therefor and all labor, services, materials and supplies used in the such acquisition, construction and equipping 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) (a) 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 3.6) are Qualified Costs of Construction (as defined in Section 3.5 above), (b) all costs disbursed from the Construction Fund are costs permitted by the Act, (c) no more than $155,000 of the moneys on deposit in the Construction Fund will be disbtirsed Or the payment of issuance cost within the meaning of the Code, and (d) none of the moneys in the Construction Fund will be disbursed for the payment of any costs incurred or paid prior to October 18,1995. The Company may withhold payment and direct the Trustee to retain in the Construction Fund an amount 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 forherein and in the Indenture. 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 of the Company against third parties for any claims or for the payment of any amount not then due and payable which exists exist at the date of such certificate or which may be subsequently existcome into being. All moneys 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 Project Construction Fund after on the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment date of all other Costs such certificate may be used, at the direction of the Project have been provided for shall be transferred Company Representative to the Surplus Account extent indicated, for one or more of the following purposes: (1) for the payment, in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, if any portion of the Costs cost of the Project pursuant not theretofore paid, as specified in the above-mentioned completion certificate; or (2) for transfer to the provisions of this SectionBond Fund, it shall not be entitled but only if, and to any reimbursement therefor from the Authorityextent that, from the Trustee or has been furnished with an opinion of Bond Counsel to the effect that such transfer is lawful under the Act and does not adversely affect the exclusion from the holders federal gross income of interest on any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority (if so requested by the Authority) stating that the 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 the construction 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 any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently exist. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Company to Complete. As soon as practicable Promptly after the construction of the Project is completed, the Authorized Representative of the Company, on behalf of the Company, shall evidence the Completion Date by providing a certificate to the Trustee and the Authority (if so requested by the Authority) stating that the 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 the construction have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights requirements of the Company against third parties for any claims or for the payment of any amount not then due and payable which exists at the date of such certificate or which may subsequently existIndenture. All moneys remaining in the Project Fund after the Completion Date (other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the Project have been provided for shall be transferred to the Surplus Account in accordance with Section 3.3 of the Indenture and applied as provided therein. In the event the moneys in the Project Fund available for payment of the Costs of the Project are or will be insufficient to pay the costs of acquisition, construction and installation of the Project as contemplated in this Agreement, the Company agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Costs of the Project. The Company agrees that if, after exhaustion of the moneys in the Project Fund, the Company should pay, or deposit moneys in the Project Fund for the payment of, any portion of the Costs of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Authority, from the Trustee or from the holders of any of the Bonds, nor shall it be entitled to any diminution of the amounts payable under Section 4.2.