Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. The Completion Date of the Project shall be evidenced to the Trustee by a certificate signed by Company Representative stating that, except for amounts retained by the Trustee at the Company’s direction for any amount of the Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by Company, (i) construction of the Project has been completed in accordance with the Plans and Specifications and all labor, services, materials and supplies used in such construction, installation and equipping have been paid for, (ii) all other facilities necessary in connection with the Project have been acquired, constructed, installed and equipped in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid, and (iii) to the best of Company’s knowledge and belief and based upon reasonable inquiry, the Project is suitable and sufficient for its intended purposes. 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. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund a sum (specified in writing to it by Company) equal to the amounts necessary for payment of any portion of the Cost of Construction of the Project not then due and payable or the liability for payment of which is being contested or disputed by Company. The remaining amounts in the Construction Fund shall be applied by the Trustee as provided in Section 6.06 of the Indenture.

Establishment of Completion Date. The Completion Date of the Project shall be evidenced to the Trustee by a certificate signed by Company Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction for any amount of the Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by Company, (i) construction of the Project has been completed in accordance with the Plans and Specifications and all labor, services, materials and supplies used in such construction, installation and equipping have been paid for, (ii) all other facilities necessary in connection with the Project have been acquired, constructed, installed and equipped in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid, and (iii) to the best of Company’s 's knowledge and belief and based upon reasonable inquiry, the Project is suitable and sufficient for its intended purposes. 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. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund a sum (specified in writing to it by Company) equal to the amounts necessary for payment of any portion of the Cost of Construction of the Project not then due and payable or the liability for payment of which is being contested or disputed by Company. The remaining amounts in the Construction Fund shall be applied by the Trustee as provided in Section 6.06 of the Indenture.

Establishment of Completion Date. The Completion Date shall mean the date of delivery to the Authority and the Trustee of a certificate executed by an Authorized Representative of the Project shall be evidenced to the Trustee by a certificate signed by Company Representative stating in effect that, except for amounts retained by the Trustee at the Company’s direction for any amount of the Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by Company, : (i) construction of all equipment for the Project has been completed in accordance with the Plans acquired and Specifications installed and all costs and expenses incurred in connection therewith have been paid, including all costs of labor, services, materials and supplies used in connection with such construction, acquisition and installation and equipping have been paid for, paid; and (ii) all other facilities necessary in connection with the Project have been acquired, constructed, installed improved and equipped in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid, and (iii) to the best of Company’s knowledge and belief and based upon reasonable inquiry, the Project is suitable and sufficient for its intended purposes. 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. Upon completion of the Project, the Company agrees to cause such certificate to be promptly furnished to the Authority and the Trustee. Upon receipt of such certificate, the Trustee shall retain give notice to the Company of the amount of funds remaining unspent in the Construction Fund a sum (specified in writing to it by Company) equal to the amounts necessary for payment of any portion of the Cost of Construction of the Project not then due and payable or the liability for payment of which is being contested or disputed by CompanyFund. The Any remaining amounts moneys on deposit in the Construction Fund shall be forthwith applied to the payment of the Costs of the Project, or if not so applied shall be promptly transferred by the Trustee as provided into the Bond Fund and used by the Trustee in accordance with the terms of Section 6.06 6.08 of the Indenture.

Establishment of Completion Date. The Completion Date of the Project shall be evidenced to the Trustee by a certificate signed by Company Representative the Project Supervisor stating that, except for amounts retained by the Trustee at the Company’s direction for any amount of the Cost of Construction Project costs not then due and payable or the liability for payment of which is being contested or disputed by Company, as provided in Section 4.3(k), (ia) construction of the Project Building has been completed substantially in accordance with the Plans plans and Specifications specifications therefor and all labor, services, materials and materials, supplies and/or equipment used in such construction, installation and equipping construction have been paid for, , (iib) all other facilities necessary in connection with the Project have been acquired, constructed, constructed and installed and equipped substantially in accordance with the Plans plans and Specifications specifications therefor and all costs and expenses incurred in connection therewith have been paid, , (c) the Project Equipment has been acquired and (iii) installed to the best of Company’s knowledge and belief and based upon reasonable inquiryhis satisfaction, the Project Equipment so acquired and installed together with any other machinery, equipment and related property provided and installed in the Building or on the Project Land by the Company is suitable and sufficient for its intended purposesthe efficient operation of the Project and all costs and expenses incurred in the acquisition and installation of the Project Equipment and other machinery, equipment and related property have been paid, and (d) a certificate of occupancy, if required, and any other permissions required of governmental authorities for the occupancy of the Project have been obtained. Notwithstanding the foregoing, such certificate by the Project Supervisor 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 being. Upon receipt of The County and the Company agree to cooperate one with the other in causing such certificate, the Trustee shall retain in the Construction Fund a sum (specified in writing certificate to it by Company) equal be furnished to the amounts necessary for payment of any portion of the Cost of Construction of the Project not then due and payable or the liability for payment of which is being contested or disputed by Company. The remaining amounts in the Construction Fund shall be applied by the Trustee as provided in Section 6.06 of the IndentureTrustee.

Establishment of Completion Date. The Completion Date of the Project shall be evidenced to the Trustee at the time of issuance of the 2001 Series A Bonds by a certificate signed by Company Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction for any amount of the Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by Company, (i) construction of the Project has been completed in accordance with the Plans and Specifications and all labor, services, materials and supplies used in such construction, installation and equipping have been paid for, (ii) all other facilities necessary in connection with the Project have been acquired, constructed, installed and equipped in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid, and (iii) to the best of Company’s 's knowledge and belief and based upon reasonable inquiry, the Project is suitable and sufficient for its intended purposes. 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. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund a sum (specified in writing to it by Company) equal to the amounts necessary for payment of any portion of the Cost of Construction of the Project not then due and payable or the liability for payment of which is being contested or disputed by Company. The remaining amounts in the Construction Fund shall be applied by the Trustee as provided in Section 6.06 of the Indenture.

Establishment of Completion Date. The Completion Date of each component of the Construction Project shall be evidenced to the Trustee by a certificate signed by the Company Representative stating that, except for amounts retained by the Trustee at the Company’s 's direction for any amount of the Cost of Construction not then due and payable or the liability for payment of which is being contested or disputed by the Company, (i) construction of the Construction Project has been completed in accordance with the Plans and Specifications and all labor, services, materials and supplies used in such construction, installation and equipping have been paid for, (ii) all other facilities necessary in connection with the Construction Project have been acquired, constructed, installed and equipped in accordance with the Plans and Specifications and all costs and expenses incurred in connection therewith have been paid, and (iii) to the best of the Company’s 's knowledge and belief and based upon reasonable inquiry, the Construction Project is suitable and sufficient for its intended purposes. 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. Upon receipt of such certificate, the Trustee shall retain in the Construction Fund a sum (specified in writing to it by the Company) equal to the amounts necessary for payment of any portion of the Cost of Construction of the Construction Project not then due and payable or the liability for payment of which is being contested or disputed by the Company. The remaining amounts in the Construction Fund shall be applied by the Trustee as provided in Section 6.06 6.04 of the Indenture.