Agreement to Construct the Project. The County shall cause the Project to be constructed, acquired and installed as provided in this Article, on behalf of BB&T as the lessee of the Leased Property under the Site Agreement. Title to the Project shall be held by the County, subject to the provisions of the Site Agreement, this Lease and the Escrow Agreement.
Agreement to Construct the Project. The Borrower agrees that it will acquire, equip, construct, rehabilitate and install, or complete the acquisition, construction, equipping, rehabilitation and installation of, the Project, and will acquire, 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 and description of the Project as set forth in Exhibit A hereto. The Borrower further agrees to proceed with due diligence to complete the Project within three years from the date hereof. In the event that the Borrower desires to alter or change the Project, and such alteration or change substantially alters the purpose and description of the Project as described in Exhibit A hereto, the Authority will enter into, and will instruct the Trustee to consent to, such amendment or supplement to Exhibit A as shall be required to reflect such alteration or change to the Project upon receipt of:
(i) a certificate of the Authorized Representative of the Borrower describing in detail the proposed changes and stating that they will not have the effect of disqualifying the Project as facilities that may be financed pursuant to the Act;
(ii) a copy of the proposed form of amended or supplemented Exhibit A hereto;
(iii) an opinion of Bond Counsel that such proposed changes will not adversely affect the Tax-exempt status of interest on the Bonds; and
(iv) the written approval of the Bank.
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 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. 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. 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 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.
Agreement to Construct the Project. (a) The Borrower agrees that it will complete the Project Work in accordance with the Construction Drawings and the
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.
