Common use of Establishment of Completion Date; Obligation of Borrower to Complete Clause in Contracts

Establishment of Completion Date; Obligation of Borrower to Complete. The Completion Date shall be evidenced to the Trustee by a certificate signed by the Authorized Borrower Representative substantially in the form of Exhibit A hereto. The Borrower may withhold payment and direct the Trustee to retain in the Project Fund an amount sufficient to pay any Cost of the Project which has been incurred; such retained moneys shall be disbursed after the Completion Date in the manner provided in Section 3.3 hereof. If the Borrower withholds the payment of any such cost or expense of the Project, the certificate shall state the amount of such withholding and the reason therefor. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. (1) for the payment, in accordance with the provisions of this Agreement, of any Cost of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment Date. In the event the money in an Account in the Project Fund available for payment of the Cost of the Project shall not be sufficient to make such payment in full, the Borrower agrees to pay directly, or to deposit moneys in the Project Fund for the payment of, such costs of completing the Project as may be in excess of the moneys available therefor in the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUND, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED IN

Establishment of Completion Date; Obligation of Borrower to Complete. The Completion Date shall be evidenced to the Trustee Trustee, the Issuer and the Bank by a certificate signed by the Authorized Borrower Representative Representative, stating the Cost of the Project and stating that the acquisition and equipping of the Project has been completed substantially in accordance with the form plans, specifications and work orders therefor and all labor, services, materials and Within ten (10) days after the delivery by the Authorized Borrower Representative of Exhibit A hereto. The Borrower may withhold payment and direct the certificate evidencing the Completion Date, the Trustee to shall retain in the Project Fund an amount sufficient a sum equal to pay any Cost the amounts necessary for payment of Costs of the Project not then due and payable or the liability for which the Borrower is contesting as set forth in said certificate. Any amount not so retained in the Project Fund for such costs, and all amounts so retained but not subsequently used and for which notice of such failure of use has been incurred; such retained moneys given by the Borrower to the Trustee, shall be disbursed after segregated by the Completion Date in Trustee and used by the manner provided in Section 3.3 hereof. If Trustee, at the Borrower withholds the payment of any such cost or expense direction of the ProjectAuthorized Borrower Representative, (a) to redeem Bonds on the certificate shall state earliest redemption date permitted by the amount of such withholding and the reason therefor. Notwithstanding the foregoingIndenture for which no prepayment premium or penalty pertains, such certificate may state that it is given without prejudice to any rights against third parties which exist or, at the option of the Borrower, at an earlier redemption date of such certificate or which may subsequently come into being. (1) for the paymentprovided that, in accordance with the provisions of this Agreement, of any Cost of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to neither event shall such amounts be used to pay interest or premium on the Bonds in connection with such redemption), (b) to purchase Bonds on the open market prior to such redemption date (provided that, if Bonds are purchased at an amount in excess of the principal amount thereof, the Borrower shall pay such excess out of other funds) for the purpose of cancellation, or interest on Bonds upon redemption (c) for any other purpose, provided that the Trustee is furnished with an opinion of Bond Counsel to the effect that such use is lawful under the Act. The Issuer agrees to cooperate with the Trustee and take all required action necessary to redeem the Bonds or on to accomplish any Interest Payment Dateother purpose contemplated by this Section 3.4. In the event the money in an Account moneys in the Project Fund available for payment of the Cost of the Project shall should not be sufficient to make such payment pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit moneys in directly the Project Fund for the payment of, such costs of completing the Project as may be in excess of the moneys available therefor in the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATIONThe Issuer does not make any warranty, EITHER EXPRESS OR IMPLIEDeither express or implied, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUNDthat the moneys which will be paid into the Project Fund and which, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECTunder the provisions of this Agreement, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INwill be available for payment of a portion of the Cost of the Project, will be sufficient to pay all the costs which will be incurred in that connection. The Borrower agrees that if after exhaustion of the moneys in the Project Fund the Borrower should pay any portion of the Cost of the Project pursuant to the provisions of this Section 3.4, they shall not be entitled to any reimbursement therefor from the Issuer, from the Trustee or from the Bank, nor shall they be entitled to any diminution of the amounts payable under Section 4.2 hereof or under the Note.

Establishment of Completion Date; Obligation of Borrower to Complete. The As soon as the Project is completed, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be evidenced approved by the Bank, to the Trustee by a certificate signed by and the Authorized Borrower Representative substantially in Authority stating the form of Exhibit A hereto. The Borrower may withhold payment and direct the Trustee to retain in the Project Fund an amount sufficient to pay any Cost Costs of the Project which and further stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been incurred; such retained moneys shall be disbursed after completed substantially in accordance with the Completion Date plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the manner acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in Section 3.3 hereof. If connection with the Borrower withholds Project have been acquired, constructed and installed in accordance with the payment of any such cost plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or expense of the Project, the certificate shall state the amount of such withholding and the reason thereforprovided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which exist exists at the date of such certificate or which may subsequently come into being. exist. At the time such certificate is delivered to the Trustee, moneys remaining in the 1997A Construction Account (1) for other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from the paymentinvestment of such moneys, shall be used as provided in accordance with the provisions of this Agreement, of any Cost Section 3.03 of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment DateIndenture. In the event the money in an Account moneys in the Project Fund 1997A Construction Account available for payment of the Cost Costs of the Project shall not should be sufficient insufficient to make such payment pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit moneys in the Project Fund for the payment of1997A Construction Account moneys sufficient to pay, such any costs of completing the Project as may be in excess of the moneys available therefor for such purpose in the 1997A Construction Account. The Authority makes no express or implied warranty that the moneys deposited in the 1997A Construction Account and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Cost. The Borrower agrees that if, after exhaustion of the moneys in the 1997A Construction Account, the Borrower should pay, or deposit moneys in the 1997A Construction Account for the payment of, any portion of the Costs of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATIONpursuant to the provisions of this Section, EITHER EXPRESS OR IMPLIEDit shall not be entitled to any reimbursement therefor from the Authority, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUNDfrom the Trustee or from the holders of any of the Bonds, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INnor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. The Completion Date As soon as the Construction of the Project is completed, an Authorized Representative of the Borrower, on behalf of the Borrower, shall be evidenced evidence the completion date by providing a certificate to the Trustee by a certificate signed by stating the Authorized Borrower Representative Cost of the Project and further stating that (i) Construction of the Project has been completed substantially in accordance with the form of Exhibit A hereto. The Borrower may withhold payment plans and direct specifications therefor, and all labor, services, materials and supplies used in Construction have been paid for or stating the Trustee amount required to retain be retained in the Project Fund an amount sufficient to pay fully provide for any Cost disputed amounts, and (ii) all other equipment and facilities for the operation of the Project which has have been incurred; such retained moneys shall be disbursed after acquired, constructed and installed in accordance with the Completion Date plans and specifications therefor and all costs and expenses incurred in the manner connection therewith have been paid or provided in Section 3.3 hereof. If the Borrower withholds the payment of any such cost or expense of the Project, the certificate shall state the amount of such withholding and the reason thereforfor. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties which exist at parties. At the date time such certificate is delivered to the Trustee, moneys remaining in the Project Fund, including any earnings resulting from the investment of such certificate or which may subsequently come into being. (1moneys, shall be used as provided in Section 3.03(D) for the payment, in accordance with the provisions of this Agreement, of any Cost of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment DateIndenture. In the event the money in an Account moneys in the Project Fund available for payment of the Cost of the Project shall not should be sufficient insufficient to make such payment pay the Cost of the Project in full, the Borrower agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the Construction of the Project in excess of the moneys available for such purpose in the Project Fund, or otherwise cause the Construction of the Project to be completed. The Authority makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Cost of the Project under the provisions of this Agreement will be sufficient to pay all the amounts which may be incurred in connection with the Construction of the Project. The Borrower agrees that if, after exhaustion of the moneys in the Project Fund, the Borrower should pay, or deposit moneys in the Project Fund for the payment of, such costs any portion of completing the Cost of the Project as may be in excess pursuant to the provisions of this Section, it shall not be 5. entitled to any reimbursement therefor from the Authority, from the Trustee or from the Holders of any of the moneys available therefor in Bonds, nor shall it be entitled to any diminution of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUND, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INamounts payable under Section 4.2.

Establishment of Completion Date; Obligation of Borrower to Complete. The Completion Date shall be evidenced to Promptly upon the Trustee by a certificate signed by the Authorized Borrower Representative substantially in the form of Exhibit A hereto. The Borrower may withhold payment and direct the Trustee to retain in the Project Fund an amount sufficient to pay any Cost completion of the Project which has been incurred; such retained moneys shall be disbursed after the Completion Date in the manner provided in Section 3.3 hereof. If the Borrower withholds the payment of any such cost or expense Construction of the Project, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the completion date by providing a certificate shall state to the Trustee, with a copy to the Issuer and the Bank, stating the Costs of the Project and further stating that (a) Construction of the Project has been completed substantially in accordance with the plans and specifications therefor, and all labor, services, materials and supplies used in Construction have been paid for or stating the amount required to be retained in the Project Fund to fully provide for any disputed amounts, and (b) all other equipment and facilities for the operation of such withholding the Project have been acquired, constructed and installed in accordance with the reason thereforplans and specifications therefor and all costs and expenses incurred in connection therewith have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties which exist at parties. At the date time such certificate is delivered to the Trustee, moneys remaining in the Project Fund, including any earnings resulting from the investment of such certificate or which may subsequently come into being. (1moneys, less an amount representing a reasonable retainage determined by the Borrower, shall be used as provided in Section 3.03(d) for the payment, in accordance with the provisions of this Agreement, of any Cost of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment DateIndenture. In the event the money in an Account moneys in the Project Fund available for payment of the Cost Costs of the Project shall not should be sufficient insufficient to make such payment pay the Costs of the Project in full, the Borrower agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the Construction of the Project in excess of the moneys available for such purpose in the Project Fund, or otherwise cause the Construction of the Project to be completed. The Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project under the provisions of this Agreement will be sufficient to pay all the amounts which may be incurred in connection with the Construction of the Project. The Borrower agrees that if, after exhaustion of the moneys in the Project Fund, the Borrower should elect to pay, or to deposit moneys in the Project Fund for the payment of, such costs any portion of completing the Costs of the Project as may pursuant to the provisions of this Section, it shall not be in excess entitled to any reimbursement therefor from the Issuer, the Trustee or the Registered Owners of any of the moneys available therefor in Bonds, nor shall it be entitled to any diminution of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUND, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INamounts payable under Section 4.02 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. The As soon as practicable after the acquisition and construction of all of the Project are completed, an Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date shall be evidenced by providing a certificate to the Trustee by a certificate signed upon which the Trustee may conclusively rely and to the Issuer (if so requested by the Authorized Borrower Representative substantially in Issuer) stating that the form of Exhibit A hereto. The Borrower may withhold payment and direct the Trustee to retain in the Project Fund an amount sufficient to pay any Cost construction of the Project which has been incurred; such retained moneys shall be disbursed after completed substantially in accordance with the Completion Date plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the manner construction have been paid or provided in Section 3.3 hereof. If the Borrower withholds the payment of any such cost or expense of the Project, the certificate shall state the amount of such withholding and the reason thereforfor. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which exist exists at the date of such certificate or which may subsequently come into being. exist. All moneys remaining in the Project Fund after the Completion Date (1other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the payment, Project have been provided for shall be transferred to the Surplus Account in accordance with the provisions of this Agreement, of any Cost Section 3.3 of the Project consisting of a respective Qualified Cost not theretofore paid, Indenture and applied as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment Dateprovided therein. In the event the money in an Account moneys in the Project Fund available for payment of the Cost Costs of the Project shall not are or will be sufficient insufficient to make such payment pay the costs of acquisition, construction and installation of the Project in full, the Borrower agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the acquisition, construction and installation of the Project in excess of the moneys available for such purpose in the Project Fund. The Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such costs. The Borrower agrees that if, after exhaustion of the moneys in the Project Fund, the Borrower should pay, or deposit moneys in the Project Fund for the payment of, such costs any portion of completing the Costs of the Project as may pursuant to the provisions of this Section, it shall not be in excess entitled to any reimbursement therefor from the Issuer, from the Trustee or from the Holders of any of the moneys available therefor in Bonds, nor shall it be entitled to any diminution of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUND, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INamounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. The As soon as the Project is completed, the Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date by providing a certificate, which shall be evidenced approved by the Bank, to the Trustee by a certificate signed by and the Authorized Borrower Representative substantially in Authority stating the form of Exhibit A hereto. The Borrower may withhold payment and direct the Trustee to retain in the Project Fund an amount sufficient to pay any Cost Costs of the Project which and further stating that (i) the acquisition, equipping, rehabilitation and construction of the Project has been incurred; such retained moneys shall be disbursed after completed substantially in accordance with the Completion Date plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the manner acquisition, equipping, rehabilitation and construction have been paid or provided for, and (ii) all other facilities necessary in Section 3.3 hereof. If connection with the Borrower withholds Project have been acquired, constructed and installed in accordance with the payment of any such cost plans and specifications and work orders therefor and all costs and expenses incurred in connection therewith have been paid or expense of the Project, the certificate shall state the amount of such withholding and the reason thereforprovided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which exist has been incurred at the date of such certificate or which may subsequently come into being. be incurred. At the time such certificate is delivered to the Trustee, moneys remaining in the 1998A Construction Account (1) for other than moneys relating to provisional payments permitted by Section 3.2), including any earnings resulting from the paymentinvestment of such moneys, shall be used as provided in accordance with the provisions of this Agreement, of any Cost Section 3.03 of the Project consisting of a respective Qualified Cost not theretofore paid, as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment DateIndenture. In the event the money in an Account moneys in the Project Fund 1998A Construction Account available for payment of the Cost Costs of the Project shall not should be sufficient insufficient to make such payment pay the costs thereof in full, the Borrower agrees to pay directly, or to deposit moneys in the Project Fund for the payment of1998A Construction Account moneys sufficient to pay, such any costs of completing the Project as may be in excess of the moneys available therefor for such purpose in such Construction Accounts. The Authority makes no express or implied warranty that the moneys deposited in the 1998A Construction Account and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such Cost. The Borrower agrees that if, after exhaustion of the moneys in the 1998A Construction Account, the Borrower should pay, or deposit moneys in the 1998A Construction Account for the payment of, any portion of the Costs of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATIONpursuant to the provisions of this Section, EITHER EXPRESS OR IMPLIEDit shall not be entitled to any reimbursement therefor from the Authority, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUNDfrom the Trustee or from the holders of any of the Bonds, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INnor shall it be entitled to any diminution of the amounts payable under Section 4.2 hereof.

Establishment of Completion Date; Obligation of Borrower to Complete. The As soon as practicable after the construction, acquisition, installation, equipping and improvement of the Project is completed, an Authorized Representative of the Borrower, on behalf of the Borrower, shall evidence the Completion Date shall be evidenced by providing a certificate to the Trustee by a certificate signed by the Authorized Borrower Representative substantially in the form of Exhibit A hereto. The Borrower may withhold payment and direct upon which the Trustee may conclusively rely and to retain in the Project Fund an amount sufficient to pay any Cost Issuer stating that the construction of the Project which has been incurred; such retained moneys shall be disbursed after completed substantially in accordance with the Completion Date plans, specifications and work orders therefor, and all labor, services, materials and supplies used in the manner construction have been paid or provided in Section 3.3 hereof. If the Borrower withholds the payment of any such cost or expense of the Project, the certificate shall state the amount of such withholding and the reason thereforfor. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Borrower against third parties for any claims or for the payment of any amount not then due and payable which exist exists at the date of such certificate or which may subsequently come into being. exist. All moneys remaining in the Project Fund after the Completion Date (1other than moneys relating to provisional payments) and after payment or provision for payment of all other Costs of the payment, Project have been provided for shall be transferred to the Surplus Account in accordance with the provisions of this Agreement, of any Cost Section 3.3 of the Project consisting of a respective Qualified Cost not theretofore paid, Indenture and applied as specified in the Completion Certificate (as hereinafter defined); (2) for the payment of Qualified Costs of any additional related improvements to be installed or constructed on the Project site; (3) for transfer to the Bond Fund to be used to pay principal of or interest on Bonds upon redemption of such Bonds or on any Interest Payment Dateprovided therein. In the event the money in an Account moneys in the Project Fund available for payment of the Cost Costs of the Project shall not are or will be sufficient insufficient to make such payment pay the costs of construction, installation and equipping of the Project in full, the Borrower agrees to pay directly, or to deposit in the Project Fund moneys sufficient to pay, any costs of completing the construction, installation and equipping of the Project in excess of the moneys available for such purpose in the Project Fund. The Issuer makes no express or implied warranty that the moneys deposited in the Project Fund and available for payment of the Costs of the Project, under the provisions of this Agreement, will be sufficient to pay all the amounts which may be incurred for such costs. The Borrower agrees that if, after exhaustion of the moneys in the Project Fund, the Borrower should pay, or deposit moneys in the Project Fund for the payment of, such costs any portion of completing the Costs of the Project as may pursuant to the provisions of this Section, they shall not be in excess entitled to any reimbursement therefor from the Issuer, from the Trustee or from the holders of any of the moneys available therefor in Bonds, nor shall they be entitled to any diminution of the Project Fund. THE ISSUER DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS WHICH WILL BE DEPOSITED INTO THE PROJECT FUND, AND WHICH UNDER THE PROVISIONS OF THIS LOAN AGREEMENT WILL BE AVAILABLE FOR PAYMENT OF THE COST OF THE PROJECT, WILL BE SUFFICIENT TO PAY ALL OF THE COSTS WHICH WILL BE INCURRED INamounts payable under Section 4.2 hereof.