Agreement to Acquire, Construct and Equip the Project Sample Clauses

Agreement to Acquire, Construct and Equip the Project. The Borrower agrees: (a) To cause the Project to be acquired, constructed and equipped, using its best efforts to do so with all dispatch to secure completion as promptly as is reasonably feasible, and will use its best efforts to cause the acquisition, construction and equipping of other facilities and real and personal property the Borrower reasonably deems necessary in connection with the Project to the end that the Project will fulfill the Project Purposes. (b) To make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions with any other persons, firms or corporations, and in general do all things which, in the reasonable business judgment of the Borrower, may be requisite or proper for acquiring, constructing and equipping the Project. (c) Where economically feasible, to ask, demand, sxx for, lxxx and use its best efforts to recover and receive such sums of money, debts, dues or other demands whatsoever in connection with the Project, to which it may be entitled under any contract, order, receipt, guaranty, warranty, writing or instrument in connection with any of the foregoing, and to enforce the material provisions of any contract, agreement, obligation, bond or other security in connection with the Project. Any amounts received in connection with the foregoing, after deduction of expenses incurred in such recovery (i) 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, or (ii) after the Completion Date and full disposition of the Project Fund in accordance with this Agreement and the Indenture shall be used in accordance with Section 4.2(g) hereof, as if such amounts were remaining in the Project Fund after the Completion Date and after payment of all costs, or provision therefor, had been made. Notwithstanding the other provisions of this paragraph, any liquidated damages received from any contractor for failure to complete work on time shall be paid to the Trustee for deposit in the Reimbursement Account in the Bond Fund.

Agreement to Acquire, Construct and Equip the Project. The Company shall cause the acquisition, construction and equipping of the Project to be completed as described in Exhibit A, as such Exhibit A may be amended from time to time by the Company; provided, that in the case of any material change in such Exhibit A there shall be filed with the Issuer and the Trustee the written approving Opinion of Bond Counsel to the effect that such change shall be permitted by the Act and shall not impair the exclusion of the interest on any of the Bonds from gross income of the owners thereof for federal income tax purposes. The Company agrees to obtain all licenses, permits and consents required for the acquisition, construction and installation of the Project, and the Issuer shall have no responsibility therefor. The Company will not take any action or fail to take any action which would adversely affect the qualification of the Project under the Act or the exclusion of the interest on the Bonds from gross income of the owners thereof for federal income tax purposes.

Agreement to Acquire, Construct and Equip the Project. After the Bond proceeds are available, Issuer (or Company, as agent for Issuer) will enter into or accept the assignment of contracts or purchase orders having terms, conditions, drawings, specifications, and other provisions designated and prescribed by Company for acquiring, constructing, and equipping the Project. All payments necessary to acquire, construct, and equip the Project shall be made out of the Construction, Fund or other funds provided by the Company pursuant to Section 4.5 hereof, and Company shall be reimbursed out of the Construction Fund, for all expenditures made by it in connection with the Project. Title to all machinery, equipment and personal property of every nature paid for out of the Construction Fund or other funds provided by the Company pursuant to Section 4.5 of this Agreement (either by direct payment or by virtue of reimbursement to Company) shall be vested in, or be transferred to, Issuer. The Collateral does not include any Equipment leased by the Company from any Lessor (as defined in the Indenture) other than the Issuer. The obligations of Issuer hereunder are subject to the provisions of this Lease Agreement limiting the obligations of Issuer to the extent of moneys in the Construction Fund. Company, with the cooperation of Issuer when necessary, shall obtain all necessary approvals from any and all governmental agencies requisite to the constructing and equipping of the Project, and the Project shall be constructed and equipped in compliance with all federal, State, and local laws, ordinances, and regulations applicable thereto. All requests, approvals, and agreements required on the part of Issuer and Company shall be in writing, signed by the Authorized Issuer Representative and/or the Authorized Company Representative, as appropriate, granting such approval or entering into such agreement. Issuer and Company shall, concurrently with the delivery of this Lease Agreement, notify each other and Trustee of the Authorized Representative of each. It is agreed that each party may have more than one Authorized Representative and may change the Authorized Representative or Representatives from time to time, with each such change to be in writing forwarded to the other party and Trustee. The Authorized Representative of each party so designated shall be authorized to enter into and execute any contracts or agreements or to grant any approvals or to take any action for and on behalf of the party hereto represented by him, and...