Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. (a) The Completion Date shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 Project have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisition, con­struc­tion, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond Fund.

Establishment of Completion Date. (a) The Completion Date date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, shall be evidenced to the Issuer Authority and the Trustee by a certificate signed by a Company an Authorized Borrower Representative. Subject to Section 3.7, as attached as Exhibit "C" hereto stating the certificate shall set forth the total Costs of the Projects and state that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ia) the acquisition, construction and equipping of the Project has components of the Projects have been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation Costs of the Project, and all costs and expenses incurred in the acquisition and installation of such equipment Projects have been paid, and (iiib) all other facilities necessary in connection with the Project Projects have been acquired, constructed, improved, constructed and equipped installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which that exist at the date of such certificate or which may subsequently come into being. Forthwith upon completion Moneys (including investment proceeds) remaining in the Construction Fund on the date of the acquisitioncertificate described in the immediately preceding paragraph may be used, con­struc­tionat the direction of an Authorized Borrower Representative, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and extent indicated, for the Trustee. Upon receipt payment, in accordance with the provisions of such certificatethis Agreement, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of the any Costs of the Project Projects not then due and payable according to such paid as specified in the above-mentioned certificate. If any Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such amounts so retained are not subsequently used, prior to any transfer Costs of said amounts to the Projects shall be transferred into the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond FundIndenture.

Establishment of Completion Date. (a) The Completion Date shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" C hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 Project have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisition, con­struc­tionconstruction, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the General Account of the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" hereto Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been substantially completed and all costs then due of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Project, and all costs then due and expenses incurred in the acquisition and installation of such equipment have been paid, and (iii) all other facilities necessary in connection with the Project have been acquiredrenovated, constructedexpanded, improved, rehabilitated and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisitionrenovation, con­struc­tionexpansion, improving, rehabilitation and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Construction Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the General Account of the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Construction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The Completion Date as to the Project shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" hereto Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 Project have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisition, con­struc­tionconstruction, improving, and equipping of the Project, the Company agrees to cause such a certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project applicable account in the Construction Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the General Account of the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Construction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The Completion Date shall be evidenced to the Issuer and the Trustee 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 a Company Representative, as attached as Exhibit "C" hereto the Authorized Lessee Representative and approved by the Consulting Architect stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost 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 costs of labor, services, materials materials, and supplies used in such construction have been paidpaid or provided for, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 of the Project have been constructed, acquired, constructed, improvedequipped, and equipped installed substantially in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paidpaid 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 shall 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. Forthwith upon completion The Consulting Architect shall certify the matters covered by (i) and (ii) above. It shall be the duty of the acquisition, con­struc­tion, improving, and equipping of the Project, the Company agrees Lessee to cause such the certificate contemplated by this Section to be furnished to as soon as the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of the Costs construction of the Project not then due and payable according to such certificateshall have been substantially completed. If any such amounts so retained are not subsequently usedthe Lessee undertakes additional Projects, prior to any transfer of said amounts to it shall establish a Completion Date in accordance with the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond Fundforegoing procedures.

Establishment of Completion Date. (a) The Completion Date shall be evidenced to the Issuer Authority and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" hereto stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost an Authorized Representative of the Project not then due and payable, Borrower stating in effect that (i) construction of all Property for the Project has been completed acquired and all costs of labor, services, materials and supplies used expenses incurred in connection with such construction acquisition have been paid, ; (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 Project have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisition, con­struc­tion, improving, acquisition and equipping of the Project, the Company Borrower agrees to cause such certificate to be furnished to the Issuer Authority and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently usedremain, prior to any transfer of said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Company Borrower of the failure to apply said amount of funds for payment of remaining unspent in the Costs of the ProjectProject Fund. Any amount not to be retained remaining moneys on deposit in the Project Fund for shall be forthwith applied to the payment of the Costs of the Project, and all amounts or if not so retained but not subsequently used, applied shall be promptly transferred by the Trustee into the Bond FundFund and applied as set forth in Section 2.03(b) below.

Establishment of Completion Date. (a) The Completion Date as to the Project shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as attached as Exhibit "C" hereto Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation 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 Project have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall 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. Forthwith upon completion of the acquisition, con­struc­tionconstruction, improving, and equipping of the Project, the Company agrees to cause such a certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Project Construction Fund a sum equal to the amounts necessary for payment of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the General Account of the Bond Fund as provided below, the Trustee shall give notice to the Company of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Project Construction Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the General Account of the Bond Fund.

Establishment of Completion Date. (a) The Completion Date date upon which the money in the Construction Fund has been substantially exhausted, or the date upon which the Projects are substantially complete, shall be evidenced to the Issuer Authority and the Trustee by a certificate signed by a Company an Authorized Borrower Representative. Subject to Section 3.7, as attached as Exhibit "C" hereto stating the certificate shall set forth the total Cost of the Projects and state that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, or the liability for the payment of which is being contested or disputed in good faith by the Borrower, (ia) the acquisition, construction and equipping of the Project has components of the Projects have been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation Cost of the Project, and all costs and expenses incurred in the acquisition and installation of such equipment Projects have been paid, and (iiib) all other facilities necessary in connection with the Project Projects have been acquired, constructed, improved, constructed and equipped installed and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which that exist at the date of such certificate or which may subsequently come into being. Forthwith upon completion Moneys (including investment proceeds) remaining in the Construction Fund on the date of such certificate may be used, at the direction of an Authorized Borrower Representative, to the extent indicated, for the payment, in accordance with the provisions of this Agreement, of any Cost of the acquisition, con­struc­tion, improving, and equipping Projects not then paid as specified in the above-mentioned certificate. Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the Project, aforesaid certificate and not so set aside for the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt payment of such certificate, the Trustee shall retain in the Project Fund a sum equal to the amounts necessary for payment Cost of the Costs of the Project not then due and payable according to such certificate. If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to Projects shall be transferred into the Bond Fund as provided belowor disbursed in accordance with Section 1.142-2 of the Regulations or any successor thereto. The Borrower acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the Trustee shall give first call date (with appropriate notice to the Company Internal Revenue Service), within 90 days of the failure to apply said funds for payment earlier of (i) the date on which the Borrower determines that the Projects will not be completed or (ii) the date on which the last of the Costs of the Project. Any amount not to be retained Projects is placed in the Project Fund for payment of the Costs of the Project, and all amounts so retained but not subsequently used, shall be transferred by the Trustee into the Bond Fundservice.