Common use of Payment for Project Costs Clause in Contracts

Payment for Project Costs. All Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Fund as more fully provided in the Indenture. The Issuer hereby authorizes and directs the Trustee to make disbursements from the Project Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit D, signed by an Authorized Company Representative: (a) requesting payment of a specified amount of such funds and directing to whom such amount shall be paid (whose name and address shall be stated); (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the purchase, acquisition, construction, improvement, furnishing, equipping or remodeling of the Project, has been properly incurred and is a proper charge against the Project Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition from the Project Fund; and (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection with the purchase, acquisition, construction, improving, furnishing, equipping or remodeling of the Project which, if unpaid, might become the basis of a vendors’, mechanics’, laborers’ or materialmen’s statutory or other similar lien upon the Project or any part thereof, or setting out (i) all disputed statements and the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such certificate and shall not be required to make any independent investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided by the Trustee upon receipt of any such certificate.

Payment for Project Costs. All Except with respect to Project Costs paid pursuant to Section 503(d) of the Indenture, all Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Fund as more fully provided in the IndentureFund. The Issuer City hereby authorizes and directs the Trustee to make disbursements from the Project Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit DB, signed by an Authorized Company Representative and approved by an Authorized City Representative: (a) requesting payment of a specified amount of such funds (which amount shall be equal to the value of the property being transferred to the City simultaneously with any request) and directing to whom such amount shall be paid (whose name and address shall be stated)paid; (b) describing in reasonable detail each item of Project Costs for which payment is being requested, including for Project Equipment, a description of the item and a serial or other identifying number, if any, for such item; (c) designating all Project Equipment for which such Project Costs are requested as either Three-Year Property or Seven-Year Property; (d) stating that each item for which payment is requested is or was necessary desirable and appropriate in connection with the purchase, acquisition, construction, improvement, furnishing, equipping or remodeling purchase and installation of the ProjectProject Equipment, has been properly incurred and is a proper charge against the Project Fund, that the amount requested either has been paidpaid by the Company, or is justly due, and has not been the basis of any previous requisition from the Project Fund; and (de) stating that, except for the amounts, if any, stated in said certificate, to the best of their his knowledge there are no outstanding disputed statements for which are then due and payable payment is requested for labor, wages, materials, supplies or services in connection with the purchase, acquisition, construction, improving, furnishing, equipping or remodeling purchase and installation of the Project which, if unpaid, Equipment which might become the basis of a vendors’, mechanics’, laborers’ or materialmen’s statutory or other similar lien upon the Project Equipment or any part thereof, or setting out (i) all disputed statements and the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such certificate and shall not be required to make any independent inspection or investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided The approval of any requisition certificate by the Trustee upon receipt of any such certificateAuthorized Company Representative and an Authorized City Representative shall constitute, unto the Trustee, an irrevocable determination that all conditions precedent to the payments requested have been completed.

Payment for Project Costs. All Subject to Section 503 of the Indenture, all Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Fund as more fully provided in the IndentureFund. The Issuer City hereby authorizes and directs the Trustee to make disbursements from moneys available therefor in the Project Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit DC, signed by an Authorized Company Representative: (a) requesting payment of a specified amount of such funds and directing stating the name and address of the person, firm or corporation to whom such amount shall be paid (whose name and address shall be stated)or has been paid in the event the Company is requesting reimbursement; (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the purchase, acquisition, construction, improvement, furnishing, equipping or remodeling improvement and installation of the Project, has been properly incurred and is a proper charge against the Project Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition certificate from the Project Fund; and; (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection with the purchase, acquisition, construction, improving, furnishing, equipping or remodeling acquisition and installation of the Project which, if unpaid, might become the basis of a vendors’', mechanics’', laborers’ ' or materialmen’s 's statutory or other similar lien upon the Project or any part thereof, unless such lien is being contested pursuant to Section 8.3(b) hereof; and (e) having attached thereto for the purpose of proper direction of payment a xxxx of sale or setting out (i) all disputed statements and other written evidence of the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for paymentacquisition. The Trustee may rely conclusively on any such certificate delivered by the Company pursuant to this Section and shall not be required to make any independent investigation in connection therewith. In additionThe Trustee may rely conclusively upon each such xxxx of sale or written evidence so presented and shall have no duty or responsibility to determine the accuracy, adequacy or appropriateness thereof or to identify the items of personal property to which such may apply. The Company shall deliver to the Trustee all bills of sale or other written evidence of the acquisition of the Project on behalf of the City at the time of delivery of such requisition certificates. Notwithstanding the foregoing, at any time the Company is the sole Bondowner, if the Bondowner advances funds directly for the Project Costs may in connection with the Company's expenditures, the City and the Company acknowledge that such funds shall not be paid or required to be deposited into the Project Fund, but shall be deemed to be paid in nonetheless a deposit by the Bondowner into the Project Fund and shall be an Additional Payment within the meaning of Section 5.02 of the Indenture, and a draw equal to such manner sums therefrom, as provided in this Section 4.4, upon which the Trustee may conclusively rely, based upon the Company's delivery to the Trustee of a requisition certificate otherwise conforming to the requirements contained in this Section 4.4 that confirms the amount of such advances by the Trustee upon receipt of any such certificateBondowner.

Payment for Project Costs. All Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Construction Fund as more fully provided in the Indenture. The Issuer City hereby authorizes and directs the Trustee to make disbursements from the Project Construction Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit DE, signed by an Authorized Company Representative: (a) requesting payment of a specified amount of such funds and directing to whom such amount shall be paid (whose name and address shall be stated); (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the acquisition, purchase, acquisition, construction, improvement, furnishing, equipping or remodeling of the Project, has been properly incurred and is a proper charge against the Project Construction Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition from the Project Construction Fund; and (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection .connection with the purchase, acquisition, construction, improving, furnishing, equipping or remodeling of the Project which, if unpaid, might become the basis of a vendors’, mechanics’, laborers’ or materialmen’s statutory or other similar lien upon the Project or any part thereof, or setting out (i) all disputed statements and the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such certificate and shall not be required to make any independent investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided by the Trustee upon receipt of any such certificate.

Payment for Project Costs. All Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Fund as more fully provided in the Indenture. The Issuer hereby authorizes and directs the Trustee to make disbursements from the Project Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit D, signed by an Authorized Company RepresentativeSubtenant Representative or, if the Sublease has expired or otherwise terminated and Tenant has designated another Tenant’s Delegee besides Subtenant to complete the Project, such other Tenant’s Delegee, and approved in writing by an Authorized Tenant Representative and the Permitted Lender: (a) requesting payment of a specified amount of such funds and directing to whom such amount shall be paid (whose name and address shall be stated); (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the purchase, acquisition, construction, improvement, furnishing, equipping or remodeling of the Project, has been properly incurred and is a proper charge against the Project Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition from the Project Fund; and (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection with the purchase, acquisition, construction, improving, furnishing, equipping or remodeling of the Project which, if unpaid, might become the basis of a vendors’, mechanics’, laborers’ or materialmen’s statutory or other similar lien upon the Project or any part thereof, or setting out (i) all disputed statements and the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such certificate and shall not be required to make any independent investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided by the Trustee upon receipt of any such certificate.

Payment for Project Costs. All Project Costs as specified in Section SECTION 4.3 hereof shall be paid by the Trustee from the Project Construction Fund as more fully provided in the Indenture. The Issuer City hereby authorizes and directs the Trustee to make disbursements from the Project Construction Fund, upon receipt by the Trustee of certificates in substantially the form attached hereto as Exhibit DEXHIBIT E, signed by an Authorized Company Corporation Representative: (a) requesting payment of a specified amount of such funds and directing to whom such amount shall be paid (whose name and address shall be stated); (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the purchase, acquisition, construction, improvement, furnishing, equipping improvement or remodeling of the Project, has been properly incurred and is a proper charge against the Project Construction Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition from the Project Construction Fund; and (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection with the purchase, acquisition, construction, improving, furnishing, equipping improving or remodeling of the Project which, if unpaid, might become the basis of a vendors’', mechanics’', laborers’ ' or materialmen’s 's statutory or other similar lien upon the Project or any part thereof, or setting out (i) all disputed statements and the reason for such disputes, and (ii) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such certificate and shall not be required to make any independent investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided by the Trustee upon receipt of any such certificate.

Payment for Project Costs. All Project Costs as specified in Section 4.3 hereof shall be paid by the Trustee from the Project Fund as more fully provided moneys available in the Indenture. The Issuer Acquisition and Construction Fund, and the City hereby authorizes and directs the Trustee to make disbursements from the Project Acquisition and Construction Fund, upon receipt by the Trustee of requisition certificates (in substantially the form attached hereto to the Indenture as Exhibit D, G) signed by an Authorized Company Representativethe Lessee and the Bondowners: (a) requesting payment of a specified amount of such funds and directing stating the name and address of the person, firm or corporation to whom such amount shall be paid (whose name and address shall be stated)or has been paid in the event the Lessee is requesting reimbursement; (b) describing in reasonable detail each item of Project Costs for which payment is being requested; (c) stating that each item for which payment is requested is or was necessary and appropriate in connection with the acquisition, purchase, acquisition, construction, improvement, furnishing, equipping or remodeling installation and improvement of the Project, has been properly incurred and is a proper charge against the Project Acquisition and Construction Fund, that the amount requested either has been paid, or is justly due, and has not been the basis of any previous requisition certificate from the Project Acquisition and Construction Fund; and (d) stating that, except for the amounts, if any, stated in said certificate, to the best of their knowledge there are no outstanding statements which are then due and payable for labor, wages, materials, supplies or services in connection with the acquisition, purchase, acquisition, construction, improving, furnishing, equipping or remodeling installation and improvement of the Project which, if unpaid, might become the basis of a vendors’, mechanics’, laborers’ or materialmen’s statutory or other similar lien upon the Project or any part thereof, or setting out (iA) all disputed statements and the reason for such disputes, and (iiB) all statements in process but not yet presented to the Trustee for payment. The Trustee may rely conclusively on any such requisition certificate as an irrevocable determination by the Lessee and the Bondowners that all conditions precedent to the payment of the amount specified therein have been completed and shall not be required to make any independent investigation in connection therewith. In addition, the Project Costs may be paid or deemed to be paid in such manner as provided by the Trustee upon receipt of any such certificate.