Acquisition, Construction and Installation. The Company represents and agrees that it (a) has caused or will cause the Projects to be acquired, constructed and installed on the Project Sites in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by IDEM, noncompliance with which would have a material adverse effect on the Company's ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders, (b) will use its reasonable efforts to cause the acquisition, construction and installation of other facilities and real and personal property deemed necessary in connection with the Projects to the end that the Projects will fulfill the Project Purposes, (c) will pay all fees, costs and expenses incurred in such acquisition, construction and installation and (d) will use its reasonable efforts to ask, demand, xxx for, xxxx, recover and receive all such sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction and installation of the Projects, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto; provided that in all instances the Company shall retain the option of settlement of any dispute. Any amounts received in connection with actions taken under clause (d) of the preceding sentence, after deduction of expenses incurred in such recovery, prior to the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture, shall be paid into the Project Fund. It is understood that the Projects are those of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, installation contracts or otherwise, or any work to be done by the Company on the Projects are made or done by the Company on its own behalf and not as agent or contractor for the Issuer.
Acquisition, Construction and Installation. The Company represents that it and the other public utility companies which own undivided interests in the Project Facilities with the Company as tenants-in-common have caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Refunded Bonds, including any investment thereof, were expended in accordance with the Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The Company represents and agrees that the Project has been acquired, constructed and installed on the site thereof as described in the Original Bonds Agreement, substantially in accordance with the plans and specifications for the Project filed with the Issuer prior to the issuance of the Original Bonds and in conformance with the Original Bonds Agreement, Section 6121.061 of the Ohio Revised Code, and all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by the Ohio Environmental Protection Agency (“EPA”) and that the proceeds derived from the Prior Bonds, including any investment thereof, have been expended in accordance with the Prior Bonds Indenture and the Prior Bonds Agreement.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Series 1982 Bonds and Refunded Bonds, respectively, including any investment thereof, were expended in accordance with the Series 1982 Indenture and Refunded Bonds Indenture, respectively, and the Series 1982 Loan Agreement and Refunded Bonds Loan Agreement, respectively.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Refunded Bonds, including any investment thereof, were expended in accordance with the Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the Project Site, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Original Bonds and Refunded Bonds, including any investment thereof, were expended in accordance with the Series 1982 Indenture or Series 1982 Loan Agreement, Series 1987 Indenture or Series 1987 Loan Agreement, or Refunded Bonds Indenture and the Refunded Bonds Loan Agreement.
Acquisition, Construction and Installation. The Company represents and agrees that it and any other public utility company which owns any undivided interest in the Project Facilities with the Company as tenants-in-common have caused the Projects to be acquired, constructed and installed on the Project Sites in accordance with the Project Descriptions and in conformance with all applicable, valid and enforceable (i) zoning, planning, building, environmental and other similar regulations of all governmental authorities having jurisdiction over the Projects and (ii) permits, variances and orders issued in respect of the Projects by EPA, noncompliance with which would have a material adverse effect on the Company’s ability to operate and maintain the Projects or to perform its obligations hereunder, provided that the Company reserves the right to contest in good faith any such regulations, permits, variances or orders. The proceeds derived from the Original Bonds, including any investment thereof, were expended in accordance with the trust indentures and the loan agreements relating to the Original Bonds.
Acquisition, Construction and Installation. The Company represents and agrees that the Project has been acquired, constructed and installed on the site thereof as described in the Original Bonds Agreement, substantially in accordance with the plans and specifications for the Project filed with the Issuer prior to the issuance of the Original Bonds and in conformance with the Original Bonds Agreement, the Act, and all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and that the proceeds derived from the Original Bonds, including any investment thereof, have been expended in accordance with the Original Bonds Indenture and the Original Bonds Agreement.
Acquisition, Construction and Installation. The Company agrees that it will acquire, construct, install and equip the Project or cause the Project to be acquired, constructed, installed and equipped in accordance with plans and specifications on file at the Project and otherwise in accordance with this Agreement. The Company may, after the execution and delivery of this Agreement, cause such changes to be made to the plans and specifications for the Project as it may desire and as will not result in any material change in the basic design of the Project or result in a material addition to or deletion from the Project or in changing its character as an "industrial facility" within the meaning of the Act or a sewage or solid waste disposal facility within the meaning of Section 142(a)(5) and (6) of the Code. The Company shall have the sole responsibility for the acquisition, construction, installation and equipping of the Project and shall perform the same itself or through agents, contractors and others selected by it, and may make or issue such contracts, orders, receipts and instructions, and in general do or cause to be done all such other things, as it may in it sole discretion consider requisite or advisable for the acquisition, construction, installation and equipping of the Project consistent with this Agreement and the Indenture. The Company shall have full authority and the sole right under this Agreement to supervise and control directly or indirectly all aspects of the acquisition, construction, installation and equipping of the Project consistent with this Agreement and the Indenture. All contracts for carrying out the Project shall be in the Company's own name. The Issuer shall not be liable to the Company or any other person for any latent or patent defect in the Project. The Company will proceed with the Project with due diligence and will use all reasonable efforts to cause the Project to be completed on or before three years from the date of issuance of the Bonds.
Acquisition, Construction and Installation. The Company represents that it has caused the Project Facilities to be acquired, constructed and installed on the respective Project Sites, substantially in accordance with the Project Description and in conformance with all applicable zoning, planning, building and other similar regulations of all governmental authorities having jurisdiction over the Project and all permits, variances and orders issued in respect of the Project by EPA, and that the proceeds derived from the Original Bonds and the Refunded Bonds, including any investment thereof, were expended in accordance with the respective Original Bonds Indenture and the Original Bonds Loan Agreement and Refunded Bonds Indenture and Refunded Bonds Loan Agreement.
