Common use of ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS Clause in Contracts

ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS. Section 3.01 Agreement to Acquire, Construct, Improve and Equip the Project. The Company agrees to make or cause to be made all contracts and do or cause to be done all things necessary for the acquisition, construction, improving, and equipping of the Project. The Company further agrees that it will, or will cause a related entity to, acquire, construct, improve, and equip the Project with all reasonable dispatch and use its best efforts to cause acquisition, construction, improving, equipping, and occupancy of the Project to be completed by December 15, 2013, or as soon thereafter as may be practicable, delays caused by force majeure as defined in Section 8.01 hereof only excepted; but if for any reason such acquisition, construction, improving and equipping is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 hereof to be paid by the Company. Section 3.02 Agreement to Issue the Bonds; Application of Bond Proceeds. In order to provide funds for the payment of the Cost of the Project, the Issuer, concurrently with the execution of this Agreement, will issue, sell, and deliver the Bonds and deposit the net proceeds thereof with the Trustee in the Project Fund.

ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS. Section 3.01 Agreement to Acquire, Construct, Improve and Equip the Project. The Company agrees to make or cause to be made all contracts and do or cause to be done all things necessary for the acquisition, construction, improving, and equipping of the Project. The Company further agrees that it will, or will cause a related entity to, acquire, construct, improve, and equip the Project with all reasonable dispatch and use its best efforts to cause acquisition, construction, improving, equipping, and occupancy of the Project. The Company expects the Project to be completed by December 1531, 20132008, or as soon thereafter as may be practicable, delays caused by force majeure as defined in Section 8.01 hereof only excepted; but if for any reason such acquisition, construction, improving and equipping is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 hereof to be paid by the Company. Section 3.02 Agreement to Issue the Bonds; Application of Bond Proceeds. In order to provide funds for the payment of the Cost of the Project, the Issuer, concurrently with the execution of this Agreement, will issue, sell, and deliver the Bonds and deposit the net proceeds thereof with the Trustee in the Project Fund.

ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS. Section 3.01 Agreement to Acquire, Construct, Improve and Equip the Project. The Company agrees to make or cause to be made all contracts and do or cause to be done all things necessary for the acquisition, construction, improving, and equipping of the Project. The Company further agrees that it will, or will cause a related entity to, acquire, construct, improve, and equip the Project with all reasonable dispatch and use its best efforts to cause acquisition, construction, improving, equipping, and occupancy of the Project to be completed by December 15August 25, 2013, or as soon thereafter as may be practicable, delays caused by force majeure as defined in Section 8.01 hereof only excepted; but if for any reason such acquisition, construction, improving and equipping is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 hereof to be paid by the Company. Section 3.02 Agreement to Issue the Bonds; Application of Bond Proceeds. In order to provide funds for the payment of the Cost of the Project, the Issuer, concurrently with the execution of this Agreement, will issue, sell, and deliver the Bonds and deposit the net proceeds thereof with the Trustee in the Project Fund.

ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS. Section 3.01 Agreement to Acquire3.1. AGREEMENT TO ACQUIRE, ConstructCONSTRUCT, Improve and Equip the ProjectIMPROVE AND EQUIP THE PROJECT. The Company agrees to make or cause to be made all contracts and do or cause to be done all things necessary for the acquisition, construction, improving, and equipping of the Project, with or without advertising for bids, and the Company agrees that it will cause the Project Facilities to be constructed on the Project Site substantially in accordance with the Plans and Specifications. The Company may make such change orders as it deems necessary or desirable provided, however, that any change orders the cost of which, either individually or in the aggregate, shall exceed $25,000 shall be subject to the prior written approval of the Bank. The Company further agrees that it will, or will cause a related entity to, acquire, construct, improve, and equip the Project with all reasonable dispatch and use its best efforts to cause acquisition, construction, improving, equipping, and occupancy of the Project to be completed by December 15October 31, 20131998, or as soon thereafter as may be practicable, delays caused by force majeure FORCE MAJEURE as defined in Section 8.01 8.1 hereof only excepted; but if for any reason such acquisition, construction, improving and equipping is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 4.2 hereof to be paid by the Company. Section 3.02 Agreement to Issue the Bonds; Application of Bond Proceeds. In order to provide funds for the payment of the Cost of the Project, the Issuer, concurrently with the execution of this Agreement, will issue, sell, and deliver the Bonds and deposit the net proceeds thereof with the Trustee in the Project Fund.

ACQUISITION AND CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS. Section 3.01 Agreement to Acquire, Construct, Improve and Equip the Project. The Company agrees to make or cause to be made all contracts and do or cause to be done all things necessary for the acquisition, construction, improving, and equipping of the Project. The Company further agrees that it will, or will cause a related entity to, acquire, construct, improve, and equip the Project with all reasonable dispatch and use its best efforts to cause acquisition, construction, improving, equipping, and occupancy of the Project to be completed by December 15, 20132010, or as soon thereafter as may be practicable, delays caused by force majeure as defined in Section 8.01 hereof only excepted; but if for any reason such acquisition, construction, improving and equipping is not completed by said date there shall be no resulting liability on the part of the Company and no diminution in or postponement of the payments required in Section 4.02 hereof to be paid by the Company. Section 3.02 Agreement to Issue the Bonds; Application of Bond Proceeds. In order to provide funds for the payment of the Cost of the Project, the Issuer, concurrently with the execution of this Agreement, will issue, sell, and deliver the Bonds and deposit the net proceeds thereof with the Trustee in the Project Fund.