Agreement to Construct the Project Sample Clauses

Agreement to Construct the Project. The Borrower agrees that it will acquire, construct and install, or complete or cause the completion of the acquisition, construction and installation of the Project, and will acquire, construct and install or cause the acquisition, construction and installation of 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 Borrower and approved by the Authority, including any and all supplements, amendments and additions or deletions thereto or therefrom, it being understood that the approval of the Authority shall not be required for changes in such plans and specifications which do not materially alter the purpose and description of the Project as set forth in Exhibit A hereto. In the event that the Borrower desires to amend or supplement the Project, and such amendment or supplement materially alters the purpose and description of the Project as described in Exhibit A hereto, and the Authority approves of such amendment or supplement, which approval will not be unreasonably withheld, the Authority will enter into, and will instruct the Trustee to consent to, such amendment or supplement upon receipt of: (i) a certificate of the Authorized Borrower 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 Tax-exempt status of interest on the Bonds.

Agreement to Construct the Project. As soon as reasonably possible following the execution of the this Lease the Company, as Construction Manager, will complete the construction of the Leased Improvements pursuant to the Construction Management Agreement.

Agreement to Construct the Project. The Issuer and the Company agree to take the following steps: (a) The Company agrees that it shall commence or will continue if such work shall have theretofore commenced, the renovation of the Building on behalf of itself and the Issuer, and the installation of the Equipment therein. Such renovation and installation shall be in a good and workmanlike manner. The Company shall have the sole responsibility for, and the Issuer hereby appoints the Company its agent with respect to, the renovation and equipping of the Building and may 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 its sole discretion consider requisite or advisable for the renovation of the Building, installing the Equipment and fulfilling its obligations under this Section 4. 1. The Company shall have full authority and the sole right under this Lease to supervise and control, directly or indirectly, all aspects of the renovation of the Building. (b) In order to effectuate the purposes of this Lease, as and when requested by the Company, the Issuer will 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 may be requisite or proper, all for construction and equipping and completion of the Project, and for evidencing the Issuer's ownership thereof. (c) Disbursements of Loan proceeds shall be made to the Company by the Lender form time to time only upon receipt of a Requisition for Payment in the form attached hereto as Exhibit B.

Agreement to Construct the Project. Company agrees that it will construct the Project as herein provided and as described on Exhibit A hereto and will construct, acquire and install other facilities and real and personal property, if any, deemed necessary for the operation of the Project. Company agrees that only such changes will be made in the Project which will not change the nature of the Project to the extent that (a) it would not constitute a "project" as authorized by the Act or (b) it would not constitute a facility which can be financed with the proceeds of the Bonds pursuant to Section 144 of the Code. Company agrees that the acquisition and construction of the Project shall proceed with all reasonable dispatch and to use its best efforts to cause such acquisition and construction to be completed by January 1, 1997, or as soon thereafter as may be practicable, delays incident to strikes, riots, acts of nature or the public enemy beyond the reasonable control of the Company only excepted, but if for any reason such acquisition or construction is not completed by such date, there shall be no diminution in or postponement of the payments of principal and interest on the Note and as required hereby to be paid by the Company. Pursuant to the Trust Indenture, all moneys in the Acquisition Fund as of January 1, 1997, shall be transferred to the Bond Fund on such date notwithstanding the incompletion of the Project.

Agreement to Construct the Project. So long as this Lease is not (a) The County shall cause the Project to be constructed and equipped as herein provided and as provided in the Agreement to Construct; and DRAFT (b) title to all Leased Property that is purchased or financed from moneys deposited in the Construction Fund shall be held by the Trustee, subject to this Lease, the Site Lease and the Indenture, even though the County may act as agent of the Trustee in constructing and equipping the Project. Construction and equipping of the Project shall be in accordance with the Project Documents and the Agreement to Construct, subject to reasonable change orders or any other reasonable changes approved by the County. So long as this Lease is in full force and effect and no Event of Nonappropriation or Event of Default shall have occurred, the County shall have full power to carry out the acts and agreements provided in this Section 7.01, and such power is granted and conferred under this Lease to the County, and is accepted by the County and shall not be terminated or restricted by act of the Trustee, except as provided in this Section 7.01. The County agrees to construct and equip the Project with all reasonable dispatch through the application of moneys to be disbursed by the Trustee from the Construction Fund. If for any reason the Project is not constructed and equipped by the Completion Date there shall be no resulting liability on the part of the County or Event of Default hereunder, and there shall be no diminution in or postponement of the Base Rentals and Additional Rentals required to be paid by the County during the Lease Term. However, in the event that the Trustee shall not receive a certificate to the effect that the Project shall have been constructed and equipped, as required in Section 7.03 of this Lease, by the Completion Date, and unless the County opts to complete the construction and equipping of the Project and submits a reasonable schedule of completion to the Trustee, the Trustee, shall, upon 30 days written notice to the County, be authorized, but not required, to construct and equip the Project from any moneys remaining in the Construction Fund.

Agreement to Construct the Project. As soon as reasonably possible following the execution of the this Lease, the Company as principal and not as agent for the Issuer, will complete the construction of the additional renovations to the Leased Improvements and acquire and install the Leased Equipment.

Agreement to Construct the Project. The Company agrees to construct the Project in a good and workmanlike manner in accordance with the plans and specifications therefor with all reasonable dispatch and to use its best efforts to cause said construction to be completed as soon as practicable, delays incident to strikes, riots, and acts of God or the public enemy beyond the reasonable control of the Company only excepted, but if said construction is not completed within the time herein contemplated there shall be no diminution in or postponement or abatement of the payments required to be paid by the Company under Article VI of this Agreement. Upon completion of the Project, the Company shall provide to the Trustee, the Issuer and the Bondholders a completion certificate executed by a Company Representative and acknowledged by the Construction Monitor.

Agreement to Construct the Project. The Borrower agrees that it will equip, construct, rehabilitate and install, or complete the construction, equipping, rehabilitation and installation of, the Project, and will equip, construct, rehabilitate and install all other facilities and real and personal property deemed necessary for the operation of the Project, substantially in accordance with the description of the Project prepared by the Borrower and approved by the Authority, including any and all supplements, amendments and additions or deletions thereto or therefrom, it being understood that the approval of the Authority shall not be required for changes in such description which do not substantially alter the purpose

Agreement to Construct the Project. The parties shall cause the Project to be constructed in accordance with the plans and bid documents. The District shall administer the construction contract and shall have primary responsibility for the actions set forth in Section 8.