Acquisition and Construction of the Project. The Company agrees to cause the Project to be acquired, constructed and installed on the Site substantially in accordance with the Plans and Specifications. The Company agrees to pay all Project Costs which are not or cannot be paid or reimbursed from the proceeds of the Bonds. Anything in this Agreement to the contrary notwithstanding, the Company shall not be obligated to complete the acquisition, construction and installation of the Project or any part thereof upon (i) acceleration of the payment of all amounts to be paid by the Company pursuant to the provisions of Article VII hereof and (ii) the making of any such payment in the amount required by, and in accordance with the terms of, this Agreement.
Acquisition and Construction of the Project. SECTION 2.1. Acquisition and Construction of the Project -8- SECTION 2.2. Completion -8- SECTION 3.1. Issuance of the Bonds -9-
Acquisition and Construction of the Project. ISSUANCE OF THE BONDS
Acquisition and Construction of the Project. ISSUANCE OF THE BONDS 6 Section 3.01 Agreement to Acquire, Construct, Improve and Equip the Project. 6
Acquisition and Construction of the Project. The Local Agency agrees that (i) it has caused or will cause the Project to be designed, acquired and/or constructed with all reasonable dispatch, as agent for the Corporation, in accordance with the plans, specifications, bidding documents, and construction and other contracts approved by the Local Agency, and in accordance with applicable laws and regulations; and (ii) it will pay or cause to be paid the Project Costs from funds available to it pursuant to this Local Agency Financing Lease and the Master Financing Lease. The Local Agency shall file requisitions with the State Treasurer for the Project Costs of its Project or reimbursement therefor in such form as the State Treasurer shall reasonably require. Neither the Corporation nor the State shall have any responsibility, liability or obligation with respect to the design, acquisition and/or construction of the Project.
Acquisition and Construction of the Project. 7 Section 3.1 Use of Bond Proceeds 7 Section 3.2 Additional Obligations and Parity Obligations 7 Section 3.3 Further Assurances and Corrective Instruments 8
Acquisition and Construction of the Project. Section 5.01. Agreement to Complete the Project 10 Section 5.02. Disbursements from the Construction Fund 10 Section 5.03. Disbursements from the Construction Fund 10 Section 5.04. Disbursements from the Acquisition Account 11 Section 5.05. Completion of Construction 11 Section 6.01. Payment of Base Rentals 11 Section 6.02. Payment of Additional Rentals 12 Section 6.03. Unconditional Obligations 12 Section 6.04. Event of Nonappropriation 13 Section 6.05. Limitations on Obligations of the City 14 Section 7.01. Taxes, Utilities and Insurance 15 Section 7.02. Maintenance and Operation of Leased Property 16 Section 8.01. Rights in the Leased Property 16 Section 8.02. Limitations on Disposition of and Encumbrances on Leased Property 17 Section 8.03. Granting of Easements 17 Section 8.04. Subleasing by the City 18 Section 8.05. Reserved 18 Section 8.06. Modification and Substitution of Leased Property 18 Section 8.07. Replacement and Substitution of Equipment 19 Section 8.08. Damage to, Condemnation of, Material Defect in or Loss of Title to Leased Property 20 Section 8.09. Condemnation by the City 21 Section 8.10. Personal Property of the City 21 Section 9.01. The City’s Purchase Option 22 Section 9.02. Exercise of the City’s Purchase Option 22 Section 9.03. Transfer of Leased Property to the City at End of Scheduled Lease Term 22 ARTICLE X GENERAL COVENANTS Section 10.01. Further Assurances and Corrective Instruments 23 Section 10.02. Compliance with Requirements of Law 23 Section 10.03. Participation in Legal Actions 23 Section 10.04. Tax Covenant of the City 24 Section 10.05. Reserved 24 Section 10.06. Payment of Fees and Expenses of the Trustee 24 Section 10.07. Payments to Rebate Fund 24 Section 10.08. Investment of Funds 24 Section 11.01. Disclaimer of Warranties 25 Section 11.02. Financial Obligations of Trustee Limited to Available Funds 25 Section 12.01. Events of Default Defined 25 Section 12.02. Remedies on Default 26 Section 12.03. Limitations on Remedies 27 Section 12.04. No Remedy Exclusive 27 Section 12.05. Waivers 28 Section 13.01. Trustee’s Right, Title and Interest in Trust for Benefit of Owners; Successor Trustee; Assignment by Trustee 28 Section 13.02. Transfer of the City’s Interest in Lease and Leased Property Prohibited 28 Section 14.01. Binding Effect 29 Section 14.02. Acknowledgement of Indenture 29 Section 14.03. Reserved 29 Section 14.04. Notices to Rating Agencies 29 Section 14.05. Trustee and the City Representatives 29 Section 14.0...
Acquisition and Construction of the Project. The Corporation hereby agrees with due diligence to supervise and provide for, or cause to be supervised and provided for, the Acquisition and Construction of the Project in accordance with the plans and specifications, purchase orders, construction contracts and other documents relating thereto and approved by the District. All contracts for, and all work relating to, the Acquisition and Construction of the Project are subject to all applicable provisions of law relating to the acquisition and construction of public works by the District. The Corporation expects that the Acquisition and Construction of the Project will be completed on or before [ , 20 ]. If the Corporation fails to complete the Project by that date, such failure will not constitute an Event of Default hereunder or a grounds for termination hereof, nor shall will failure result in the diminution, abatement or extinguishment of the obligations of the District hereunder to pay the Installment Payments when due hereunder.
Acquisition and Construction of the Project. The Purchaser hereby agrees to cause the Project to be constructed, acquired and installed by the District as its agent. The District shall enter into contracts and provide for, as agent for the Purchaser, the complete construction, acquisition and installation of the Project. The District hereby agrees that it will cause the construction, acquisition and installation of the Project to be diligently performed after the deposit of funds set forth in Section 4.1 below, and that it will use its best efforts to cause the construction, acquisition and installation of the Project to be completed. It is hereby expressly understood and agreed that the Purchaser shall be under no liability of any kind or character whatsoever for the payment of any cost of the Project and that all such costs and expenses shall be paid by the District.
Acquisition and Construction of the Project. The District shall use its best efforts to acquire, construct and install the Project by December 31, 1999. Provided that there shall be no penalty to the District if the Project is not completed by said date. The District shall operate, maintain and manage the Project and shall reserve adequate capacity to provide treatment of all Company's sanitary sewage which is required in order to meet all federal, State and local effluent requirements now or hereafter in effect.
