Common use of Agreement to Acquire, Construct and Equip the Project Clause in Contracts

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 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 xxx for, lxxx xxxx 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 Borrower agreesSubject to ----------------------------------------------------- the provisions of Section 3.5 hereof Lessor agrees that: (a) To cause It has acquired 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 PurposesLand. (b) To Except for agreements previously executed by Sublessee and Lessor, it shall not execute any contract for or with respect to the construction of the Project or any part thereof without the prior written approval of Lessee. (c) Before entering into any contract for the construction of the Building or any part thereof, it will cause the contractor to execute and deliver (i) any bond required by Tenn. Code Xxx. (S) 12-4-101 et seq. and (ii) such other bond -- --- as Lessee may request. Lessor agrees that it will enter into, or accept the assignment of, such contracts as Lessee or Sublessee may request in order to effectuate the purposes of this Section but that it will not execute any other contract or give any order for such construction and acquisition of the Project unless and until Lessee or Sublessee shall have approved the same in writing. Lessor hereby makes, constitutes and appoints Sublessee as its true and lawful agent, (a) to construct the Project, (b) to make, execute, acknowledge and deliver any contracts, ordersorder, receipts, writings and instructions instructions, either in the name of the Sublessee solely or as the stated agent for Lessor, with any other persons, firms or corporations, and in general to do all things which, in the reasonable business judgment of the Borrower, which may be requisite or proper proper, all for acquiringthe construction of the Project with the same powers and with the same validity as Lessor could do if acting in its own behalf, constructing and equipping the Project. (c) Where economically feasiblepursuant to the provisions of this Lease, to pay all fees, costs and expenses incurred in the construction of the Project from funds made available therefor in accordance with this Lease, and (d) to ask, demand, sxx xxx for, lxxx and use its best efforts to xxxx, recover and receive all such sums of money, debts, dues or and other demands whatsoever in connection with the Project, to which it may be entitled due, owing and payable to Lessor under the terms of any contract, order, receipt, guaranty, warranty, writing or instrument instruction in connection with any the construction of the foregoingProject, and to enforce the material provisions of any contract, agreement, obligation, bond or other security performance security. So long as Lessee is not in connection with default under any of the Project. Any amounts received in connection with the foregoingprovisions of this Lease, after deduction this appointment of expenses incurred in such recovery (i) prior Sublessee to act as agent and all authority hereby conferred are granted and conferred irrevocably to the Completion Date and full disposition thereafter until all activities in connection with the construction of the Project Fund shall have been completed, and shall not be terminated prior thereto by act of Lessor or of Lessee or by operation of law. Lessee agrees, pursuant to the authority and power granted in the preceding paragraph, promptly to commence construction of the Project and to proceed with such acquisition and renovation with due diligence, in a good and workmanlike manner and in compliance with all legal requirements, ordinances and restrictions, and to complete such construction within 2 years after the date hereof. Lessor agrees to use its best efforts to cause the construction of the Project to be completed with all reasonable dispatch and in accordance with this Agreement the schedule desired by the Sublessee. Lessee shall, on behalf of Lessor, pay all costs and fees incurred by Lessor in connection with the Indentureissuance of the Bond, and to the extent that the proceeds of the Bond are available therefor Lessee 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 reimbursed for payment of all costs, or provision therefor, had been made. Notwithstanding the other provisions of this paragraph, any liquidated damages received from any contractor such costs and fees and for failure such reimbursement pursuant to complete work on time shall be paid to the Trustee for deposit in the Reimbursement Account in the Bond FundSection 3.3 hereof.

Agreement to Acquire, Construct and Equip the Project. The Borrower agrees: (a) To cause 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 whether or not pursuant to be acquired, constructed and equipped, using its best efforts to do so with all dispatch to secure completion as promptly as is reasonably feasibleSection 5.5 hereof, and will use its best efforts to cause Company shall be reimbursed out of the acquisitionConstruction Fund, construction and equipping of other facilities and real and personal property the Borrower reasonably deems necessary for all expenditures made by it 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 the provisions of mis Loan Agreement and the Indenture, in respect of expenditures paid not more than 60 days prior to Official Action Date. 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 5.5 of this Agreement (either by direct payment or by virtue of reimbursement to Company) shall be paid into the Project Fundvested in, or (ii) after be transferred to, Company. The Collateral does not include any Leased Equipment. The obligations of Issuer hereunder are subject to 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 Loan Agreement limiting the obligations of Issuer to the extent of moneys in the Construction Fund. Company shall obtain all necessary approvals from any contractor for failure and all governmental agencies requisite to complete work on time the constructing and equipping of the Project, and the Project shall be paid 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 Company shall be in writing, signed by the Authorized Company Representative, as appropriate, granting such approval or entering into such agreement. Issuer and Company shall, concurrently with the delivery of this Loan Agreement, notify Trustee of the Authorized Company Representative. It is agreed that the Company may have more than one Authorized Company Representative and may change the Authorized Company Representative or Representatives from time to time, with each such change to be in writing forwarded to the Trustee Trustee. The Authorized Company Representative 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 deposit in and on behalf of the Reimbursement Account in party hereto represented by him, and the Bond Fundother party to this Loan Agreement shall be entitled to rely upon the duly designated Authorized Representative as having full authority to bind the party hereto represented by him.