Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Completion Date shall be evidenced to the Lessor by a certificate of substantial completion listing the items to be completed or corrected, if any, and the amounts to be withheld therefor, signed by the Authorized Lessee Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary for Costs of the Project not then due and payable, (i) construction of the Project has been substantially completed without material deviation from the Plans and Specifications and all labor, services, materials, and supplies used in such construction have been paid or provided for, (ii) all other facilities necessary in connection with the construction of the Project have been constructed, acquired, equipped, and installed substantially in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid or provided for, (iii) according to the “as built” survey of the Leased Premises or a certificate of the surveyor, the Building does not encroach on any other property or violate any setback or sideline requirements applicable to the Leased Premises, and (iv) a certificate of occupancy for the Project has been issued by appropriate local governmental authorities. 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. The Consulting Architect shall certify the matters covered by (i) and (ii) above. It shall be the duty of the Lessee to cause the certificate contemplated by this Section to be furnished as soon as the construction of the Project shall have been substantially completed. If the Lessee undertakes additional Projects, it shall establish a Completion Date in accordance with the foregoing procedures.

Establishment of Completion Date. The date of completion (the “Completion Date Date”) of the portion of the Project to be financed with the proceeds of the Bonds shall be evidenced to the Lessor Authority and the Bond Trustee by a certificate of substantial completion listing (the items to be completed or corrected, if any, and the amounts to be withheld therefor, “Completion Certificate”) signed by the an Authorized Lessee Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary for Costs Bond Trustee at CHOA’s direction to pay any Cost of the Project not then due and payable, , (i) construction and installation of the portion of the Project financed by the Bonds has been substantially completed without material deviation from the Plans and Specifications and all costs of labor, services, materials, materials and supplies used in such construction and installation have been paid or provided forpaid, (ii) all equipment for the portion of the Project to be financed with the proceeds of the Bonds has been installed, such equipment so installed is suitable and sufficient for the operation of such portion of the Project, and all costs and expenses incurred in the acquisition and installation of such equipment have been paid, and (iii) all other facilities necessary in connection with the construction portion of the Project to be financed with the proceeds of the Bonds have been acquired, constructed, acquired, equippedimproved, and installed substantially in accordance with the Plans and Specifications equipped and all costs and expenses incurred in connection therewith have been paid or provided for, (iii) according to the “as built” survey of the Leased Premises or a certificate of the surveyor, the Building does not encroach on any other property or violate any setback or sideline requirements applicable to the Leased Premises, and (iv) a certificate of occupancy for the Project has been issued by appropriate local governmental authoritiespaid. 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. The Consulting Architect shall certify the matters covered by (i) and (ii) above. It shall be the duty Upon completion of the Lessee acquisition, construction, improving, and equipping of the portion of the Project to be financed with the proceeds of the Bonds, CHOA agrees to cause the such certificate contemplated by this Section to be furnished as soon as to the construction Authority and the Bond Trustee. Upon receipt of such certificate, the Bond Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of any Costs of the Project shall have been substantially completed. If the Lessee undertakes additional Projects, it shall establish a Completion Date in accordance with the foregoing proceduresnot then due and payable according to such certificate.

Establishment of Completion Date. The Completion Date shall be evidenced to the Lessor Depository by a certificate of substantial completion listing the items to be completed or corrected, if any, and the amounts to be withheld therefor, signed by the Authorized Lessee Company Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary Trustee for Costs costs of the Project Facilities not then due and payablepayable as provided in Section 3.3(h). (a) the acquisition, (i) construction and installation of the Project has Facilities have been completed substantially completed without material deviation from in accordance with the Plans plans and Specifications specifications therefor and all labor, services, materials, and supplies and/or equipment used in such acquisition, construction and installation have been paid or provided for, , (iib) all other facilities necessary in connection with the construction of the Project Facilities have been constructed, acquired, equipped, constructed and installed substantially in accordance with the Plans plans and Specifications specifications therefor and all costs and expenses incurred in connection therewith have been paid paid, (c) the Facilities and all other facilities in connection therewith have been acquired, constructed and installed to his satisfaction and are suitable and sufficient for the efficient operation of the Facilities for its intended purposes, (d) substantially all of the net proceeds of the sale of the Bonds have been used to acquire land or provided for, (iii) according property of a character subject to the “as built” survey allowance for depreciation under Section 167 of the Leased Premises or a certificate Code and such costs representing proceeds so used are properly chargeable to the capital account of the surveyorCompany for Federal income tax purposes or would be so chargeable either with a proper election by the Company or but for a proper election by the Company to deduct the costs, the Building does not encroach on any other property or violate any setback or sideline requirements applicable to the Leased Premises, and and (ive) a certificate of occupancy occupancy, if required, and any other permissions required of governmental authorities for the Project has occupancy of the Facilities have been issued by appropriate local governmental authoritiesobtained. Notwithstanding the foregoing, such certificate may by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into beingbeing and shall be in substantially the form attached hereto as Exhibit C and by this reference thereto made a part hereof. The Consulting Architect shall certify Company agrees to furnish a copy of such certificate to the matters covered by (i) and (ii) above. It shall be Issuer at the duty of same time such document is furnished to the Lessee to cause the certificate contemplated by this Section to be furnished as soon as the construction of the Project shall have been substantially completed. If the Lessee undertakes additional Projects, it shall establish a Completion Date in accordance with the foregoing proceduresTrustee.

Establishment of Completion Date. The Completion Date shall be evidenced to the Lessor Trustee by a certificate of substantial completion listing the items to be completed or corrected, if any, and the amounts to be withheld therefor, signed by the Authorized Lessee Company Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary Trustee for Costs costs of the Project Facilities not then due and payablepayable as provided in Section 3.3(h), (a) the acquisition, (i) construction and installation of the Project has Facilities have been completed substantially completed without material deviation from in accordance with the Plans plans and Specifications specifications therefor and all labor, services, materials, and supplies and/or equipment used in such acquisition, construction and installation have been paid or provided for, , (iib) all other facilities necessary in connection with the construction of the Project Facilities have been constructed, acquired, equipped, constructed and installed substantially in accordance with the Plans plans and Specifications specifications therefor and all costs and expenses incurred in connection therewith have been paid paid, (c) the Facilities and all other facilities in connection therewith have been acquired, constructed and installed In his satisfaction and are suitable and sufficient for the efficient operation of the Facilities for its intended purposes, (d) substantially all of the net proceeds of the sale of the Bonds have been used to acquire land or provided for, (iii) according property of a character subject to the “as built” survey allowance for depreciation under Section 167 of the Leased Premises or a certificate Code and such costs representing proceeds so used are properly chargeable to the capital account of the surveyorCompany for Federal income tax purposes or would be so chargeable either with a proper election by the Company or but for a proper election by the Company in deduct the costs, the Building does not encroach on any other property or violate any setback or sideline requirements applicable to the Leased Premises, and and (ive) a certificate of occupancy occupancy, if required, and any other permissions required of governmental authorities for the Project has occupancy of the Facilities have been issued by appropriate local governmental authoritiesobtained. Notwithstanding the foregoing, such certificate may by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into beingbeing and shall be in substantially the form attached hereto as Exhibit C and by this reference thereto made a part hereof. The Consulting Architect shall certify Company agrees to furnish a copy of such certificate to the matters covered by (i) and (ii) above. It shall be Issuer at the duty of same time such document is furnished to the Lessee to cause the certificate contemplated by this Section to be furnished as soon as the construction of the Project shall have been substantially completed. If the Lessee undertakes additional Projects, it shall establish a Completion Date in accordance with the foregoing proceduresTrustee.

Establishment of Completion Date. The Completion Date shall be evidenced to the Lessor Trustee by a certificate of substantial completion listing the items to be completed or corrected, if any, and the amounts to be withheld therefor, signed by the Authorized Lessee Company Representative and approved by the Consulting Architect stating that, except for amounts retained by the Depositary Trustee for Costs of the Project costs not then due and payablepayable as provided in Section 4.3(g), (a) the acquisition, (i) construction and installation of the Project has have been completed substantially completed without material deviation from in accordance with the Plans plans and Specifications specifications therefor and all labor, services, materials, and supplies and/or equipment used in such acquisition, construction and installation have been paid or provided for, , (iib) all other facilities necessary in connection with the construction of the Project have been constructed, acquired, equipped, constructed and installed substantially in accordance with the Plans and Specifications therefor and all costs and expenses incurred in connection therewith have been paid or provided forpaid, (c) the Project and all other facilities in connection therewith have been acquired, (iii) according constructed and installed to his satisfaction and are suitable and sufficient for the “as built” survey efficient operation of the Leased Premises or a certificate of the surveyorProject for its intended purposes, the Building does not encroach on any other property or violate any setback or sideline requirements applicable to the Leased Premises, and and (ivd) a certificate of occupancy occupancy, if required, and any other permissions required of governmental authorities for the occupancy of the Project has have been issued by appropriate local governmental authoritiesobtained. Notwithstanding the foregoing, such certificate may by the Authorized Company Representative shall state that it is given without prejudice to any rights against third parties which exist at on the date of such certificate or which may subsequently come into beingbeing and shall be in substantially the form attached hereto as Exhibit "D" and by this reference thereto made a part hereof. The Consulting Architect shall certify Company agrees to furnish a copy of such certificate to the matters covered by (i) and (ii) above. It shall be Issuer at the duty of same time such document is furnished to the Lessee to cause the certificate contemplated by this Section to be furnished as soon as the construction of the Project shall have been substantially completed. If the Lessee undertakes additional Projects, it shall establish a Completion Date in accordance with the foregoing proceduresTrustee.