Agreement to Acquire and Construct the Project. The Board agrees to construct, or cause the construction of, a new industrial manufacturing building containing 57,600 square feet of floor space with related improvements (including, without limitation, the Project Equipment specifically described in Schedule B and such other Project Equipment deemed necessary or appropriate by the Lessee for the operation, maintenance or protection of such building) for use in the manufacturing of trailers or trailer components and other transportation-related equipment to be located on the Leased Land in accordance with plans and specifications, including supplements thereto and amendments thereof, now or hereafter filed by the Lessee in the office of the Board. The Board has heretofore appointed the Lessee as its agent to acquire, construct and install, or cause acquisition, construction and installation of, the aforesaid building, equipment and related improvements. All construction and installation shall be performed in a good and workmanlike manner in compliance with all applicable laws, ordinances, rules and regulations and shall comply with the requirements of any insurance policy required to be maintained by the Lessee hereunder. The Project Equipment and each item thereof shall be so installed in buildings or structures on the Leased Land as to be removable without significant permanent injury or structural damage to the Project. Prior to the installation of any item of Project Equipment, the Lessee shall plainly, distinctly, permanently and conspicuously place and fasten on each such item a metal or other permanent plate, readily visible, bearing the following words: "Property of the Industrial Development Board of the City of Decatur, subject to Indenture of Mortgage and Deed of Trust dated as of December 1, 1978 (Fruehauf Corporation Plant Project)". In case any such plate shall at any time be removed, defaced or destroyed, the Lessee shall immediately cause the same to be restored or replaced. The Board agrees to use its best efforts to complete or substantially to complete the Project no later than June 1, 1981, subject only to such delays in construction as are occasioned by circumstances not reasonably within its control.
Agreement to Acquire and Construct the Project. The Company agrees that it will acquire, construct and install, or complete the acquisition, construction and installation of, the Project, and will acquire, construct and install all other facilities and real and personal property deemed necessary for the operation of the Project, substantially in accordance with the plans and specifications prepared therefor by the Company and approved by the Issuer, and, where required, by appropriate state, local and federal agencies exercising jurisdiction over the Facility, including any and all supplements, amendments and additions or deletions. thereto or therefrom, it being understood that the approval of the Issuer shall not be required for changes in such plans and specifications which do not alter the purpose and description of the Project as set forth in Exhibit A hereto. The Company further agrees to proceed with due diligence to complete the Project within three years from the date hereof. In the event that the Company desires to amend or supplement the Project, and such amendment or supplement alters the purpose and description of the Project as described in Exhibit A hereto, and the Issuer approves of such amendment or supplement, the Issuer will enter into, and will instruct the Trustee to consent to, such amendment or supplement upon receipt of:
(i) a certificate of the Authorized Company Representative describing in detail the proposed changes and stating that they will not have the effect of disqualifying the Project as a facility that may be financed pursuant to the Act;
(ii) a copy of the proposed form of amended or supplemented Exhibit A hereto; and
(iii) an opinion of Bond Counsel that such proposed changes will not affect the exemption from federal income taxation of interest on the Bonds.
