Common use of Provision of the Project Clause in Contracts

Provision of the Project. The Director agrees that he win cause the P_ Provision of the Project activities on the Project Site in accordance with the Plans and Specifications. The Director further agrees that he will enter into, or accept the assignment of, such contracts as the Company may request in order to effectuate the purposes of this Section. The Director hereby makes, constitutes and appoints the Company as his true and lawful agent, with full power of substitution in the premises and the Company hereby accepts such agency, (a) to acquire and construct install the Project Facilities or the Project Site in accordance with the Plans and Specifications, (b) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions, either in the name of the Company solely or as the stated agent for the Director, with any other persons, firms or corporations, and in general to do all things which may be requisite or proper, all for acquiring and constructing the Project Facilities with the same powers and with the same validity as the Director could do if acting in his own behalf, (c) pursuant to the provisions of this Lease, to pay all Allowable Costs incurred in the acquisition and construction of the Project Facilities from funds made available therefor in accordance with this Lease and (d) to ask, demand, xxx for, xxxx, recover and receive all such sum of money, debts, dues and other demands whatsoever which may be due, owing and payable to the Director under the terms of any contract, order, receipt, writing and instrument in connection with the acquisition and construction of the Project Facilities, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security. So long as the Company is not in default under any of the provisions of this Lease or the Sublease, this appointment of the Company to act as agent and all authority hereby conferred is granted and conferred irrevocably to the Completion Date and thereafter until all activities in connection with the acquisition and construction of the Project Facilities shall have been completed, and shall not be terminated prior thereto by act of the Director or the Company or by operation of law. The Director and the Company each agree that in connection with the construction of the Project Facilities the acquisition and construction of the Project Facilities shall proceed with all reasonable dispatch. The Company agrees that all wages paid to laborers and mechanics employed in connection with the construction of the Project Facilities by the Company or its contractors or subcontractors shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage rates.

Provision of the Project. The Director agrees that he win it will cause the P_ Provision of the Project activities on to be acquired and installed at the Project Site and for use of the Company the Project Equipment, all of which acquisitions and installations shall be made in accordance with the Plans and Specifications. The Director further agrees that he it will enter into, or accept the assignment of, such contracts as the Company may request in order to effectuate the purposes of this SectionSection and that it will not make or execute any other contract or give any order for such construction or for the acquisition and installation of Project Equipment except in the manner provided in this Lease. The Director hereby makes, constitutes and appoints the Company as his its true and lawful agent, with full power of substitution in the premises and the Company hereby accepts such agency, (a) to acquire and construct install the Project Facilities or the Project Site Equipment in accordance with the Plans and Specifications, (b) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions, either in the name of the Company solely or as the stated agent for the Director, with any other persons, firms or corporations, and in general to do all things which ' may be requisite or proper, all for acquiring and constructing installing the Project Facilities Equipment with the same powers and with the same validity as the Director could do if acting in his its own behalf, (c) pursuant to the provisions of this Lease, to pay all Allowable Costs incurred in the acquisition and construction installation of the Project Facilities Equipment from funds made available therefor in accordance with this Lease and (d) to ask, demand, xxx for, xxxx, recover and receive all such sum sums of money, debts, dues and other demands whatsoever which may be due, owing and payable to the Director under the terms of any contract, order, receipt, writing and instrument instruction in connection with the acquisition and construction installation of the Project FacilitiesEquipment, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security. So long as the Company is not in default under any of the provisions of this Lease or the SubleaseLease, this appointment of the Company to act as agent and all authority hereby conferred is granted and conferred irrevocably to the Completion Date and thereafter until all activities in connection with the acquisition and construction installation of the Project Facilities Equipment shall have been completed, and shall not be terminated prior thereto by act of the Director or the Company or by operation of law. The Director and the Company each agree that in connection with the construction acquisition and installation of the Project Facilities the acquisition and construction of the Project Facilities Equipment shall proceed with all reasonable dispatch. The Company agrees that all wages paid to laborers and mechanics employed in connection with the construction of on the Project Facilities by the Company or its contractors or subcontractors shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage rates.

Provision of the Project. The Director agrees that he win it will cause the P_ Provision of the Project activities on the Project Site in accordance with the Plans and Specificationssite. The Director further agrees that he it will timely enter into, or accept the assignment of, such contracts as the Company may request in order to effectuate the purposes of this Section. The Director hereby makes, constitutes and appoints the Company as his its true and lawful agent, with full power of substitution in the premises and the Company hereby accepts such agency, (a) to acquire and construct install cause the Project Facilities or Provision of the Project Site in accordance with the Plans and SpecificationsProject, (b) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings and instructions, either in the name of the Company solely or as the stated agent for the Director, with any other persons, firms or corporations, and in general to do all things which may be requisite or proper, all for acquiring and constructing the Project Facilities Project, with the same powers and with the same validity as the Director could do if acting in his its own behalf, (c) pursuant to the provisions of this Lease, to pay all Allowable Costs incurred in the acquisition and construction of the Project Facilities from funds made available therefor in accordance with this Lease and (d) to ask, demand, xxx forsue xxx, xxxxlevy, recover xxcover and receive all such sum sums of money, debts, dues and other demands whatsoever which may be due, owing and payable to the Director under the terms of any contract, order, receipt, writing and instrument instruction in connection with the acquisition and construction Provision of the Project Facilities, and to enforce the provisions of any contract, agreement, obligation, bond or other performance security. So long as the Company is not in default under any of the provisions of this Lease or the SubleaseLease, this appointment of the Company to act as agent and all authority hereby conferred is granted and conferred irrevocably to the Completion Date and thereafter until all activities in connection with the acquisition and construction Provision of the Project Facilities shall have been completed, and shall not be terminated prior thereto by 10 12 act of the Director or the Company or by operation of law. The Director and the Company each agree that in connection with the construction Provision of the Project Facilities the acquisition and construction of the Project Facilities shall proceed with all reasonable dispatch. The Company agrees that all wages paid to laborers and mechanics employed in connection with the construction of on the Project Facilities by the Company or its contractors or subcontractors shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage rates.

Provision of the Project. The Director (a) Landlord hereby appoints Tenant as Construction Agent to act as Landlord’s agent, and Tenant in its capacity as Construction Agent agrees that he win cause to act as Landlord’s agent, for the P_ Provision of the Project activities on Project, the Project Site Adjacent Hangar Demolition and the Related Area Improvements in accordance with the Plans and Specifications, including the negotiation, management and supervision of any construction contracts therefor, subject to the approval and execution of those contracts by Landlord in accordance with this Lease Agreement. Tenant further agrees that, subject to Tenant’s interest therein and occupancy, possession and use thereof under this Lease Agreement, Landlord is the owner of the Premises, the Project; the Adjacent Hangar Demolition and the Related Area Improvements, and title to the foregoing, as acquired, constructed and installed, will vest in Landlord, and Tenant will take such actions as may be required, if any, in order to fully vest, and to evidence the full vesting of, that title in Landlord and to protect Landlord’s interests in the Premises, the Project, the Adjacent Hangar Demolition and the Related Area Improvements; and Landlord is and shall be the owner of same. Landlord agrees that it will accept title to the Project, the Adjacent Hangar Demolition and the Related Area Improvements, subject to Provision thereof by Tenant in its capacity as Construction Agent in accordance with the Plans and Specifications. The Director further Landlord will grant to Tenant such temporary construction easements in areas of the Air Park adjacent to the Premises as may be necessary to facilitate the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements, with the precise locations of any such temporary construction easements and the terms and conditions relating to Tenant’s use thereof to be mutually agreed upon by Landlord and Tenant in writing. (b) Tenant in its capacity as Construction Agent shall assume all responsibility for the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements, all in accordance with the Plans and Specifications. Tenant acknowledges and agrees that, in its capacity as Construction Agent, it is responsible, subject to the limitations set forth herein, for the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements in accordance with the Plans and Specifications and that he will enter intoLandlord does not have any responsibility for the performance of, or accept the assignment any duty or obligation to perform any aspect of, the Provision of the Project, the Adjacent Hangar Demolition or the Related Area Improvements, including, without limitation, the negotiation, management and supervision of any construction contracts therefor, except as otherwise expressly provided herein or any other Operative Document, and Landlord has not made, and does not and will not make, any warranty, express or implied, concerning the condition or suitability of the Premises, the Project, the Adjacent Hangar Demolition or the Related Area Improvements, or the quality or suitability of any construction, installation or other improvements or of the Plans and Specifications. (c) It is understood and agreed that any contract for the Provision of the Project, the Adjacent Hangar Demolition or the Related Area Improvements shall provide that Landlord does not have any obligation to pay any costs under such contracts contract except from the proceeds of the State Loan, the State Assistance, the LDI Loan and the Local Grants, and each such contract shall so state. Any such contract entered into by Tenant in its capacity as Construction Agent prior to the Company may request in order to effectuate the purposes execution and delivery of this Section. The Director Lease Agreement shall be assigned to Landlord; provided that, prior to Landlord’s acceptance of any such assignment, that contract shall be in form and substance approved by Landlord in its reasonable discretion. (d) Landlord hereby makesexpressly authorizes Tenant in its capacity as Construction Agent or any agent or contractor of Tenant in its capacity as Construction Agent, constitutes and appoints Tenant in its capacity as Construction Agent unconditionally agrees, for the Company benefit of Landlord and as his true Landlord’s agent hereunder, to take all action necessary or desirable (1) for the Provision of the Project, the Adjacent Hangar Demolition or the Related Area Improvements pursuant to and lawful agentin accordance with the Plans and Specifications on or before the Completion Date and (2) for the performance and satisfaction of any and all of Landlord’s obligations under any contract related thereto and to fulfill all of the obligations of Tenant in its capacity as Construction Agent hereunder, with full power including, without limitation: (i) all design and supervisory functions relating to the Provision and testing of substitution in the premises Project, the Adjacent Hangar Demolition and the Company hereby accepts Related Area Improvements, including without limitation, performance of or contracting for all architectural and engineering work related thereto; (ii) negotiation, execution and performance of Landlord’s obligations, and enforcement of Landlord’s rights and remedies, under all contracts and arrangements for the Provision and testing of the Project, the Adjacent Hangar Demolition and the Related Area Improvements (including, without limitation, the removal of all waste and rubbish and the enforcement of all construction and product warranties) on such agencyterms and conditions as are customary and reasonable in light of local and national standards and practices; (iii) negotiation, execution and performance of Landlord’s obligations under all contracts and arrangements to procure all labor, materials and equipment necessary for the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements; (aiv) to acquire obtaining all necessary permits, licenses, consents, approvals, entitlements and construct install other authorizations required under applicable laws (including, without limitation, Environmental Laws), from all Governmental Authorities in connection with the Project Facilities or Provision of the Project Site Project, the Adjacent Hangar Demolition and the Related Area Improvements, all in accordance with the Plans and Specifications, (b) to make, execute, acknowledge or otherwise required for the use and deliver any contracts, orders, receipts, writings and instructions, either in the name occupancy of the Company solely Project, the Adjacent Hangar Demolition and the Related Area Improvements by Landlord or as Tenant; (v) payment of any and all real property and personal property taxes, special taxes or assessments unless and except to the stated agent for the Director, with any other persons, firms or corporations, and in general to do all things which may be requisite or proper, all for acquiring and constructing the Project Facilities with the same powers and with the same validity as the Director could do if acting in his own behalf, (c) extent otherwise paid by Tenant pursuant to the provisions of this Lease, to pay Lease Agreement and all Allowable Costs incurred property taxes on tangible personal property included in the acquisition Project located on the Premises; (vi) payment of all charges for water, heat, gas, electricity, sewer and construction any and all other utilities, as well as any other expense, cost, charge or other fees with respect to the Project, or the operation, management, repair, rebuilding, use or occupancy thereof, or of any portion thereof; (vii) maintaining all books and records with respect to the Provision and testing of the Project Facilities from funds made available therefor in accordance with this Lease Project, the Adjacent Hangar Demolition and the Related Area Improvements; (dviii) to ask, demand, xxx for, xxxx, recover payment of all costs and receive expenses and performance of all such sum of money, debts, dues and other demands whatsoever which may be due, owing and payable to the Director under the terms of any contract, order, receipt, writing and instrument acts necessary in connection with the acquisition and construction Provision of the Project FacilitiesProject, the Adjacent Hangar Demolition and to enforce the provisions of Related Area Improvements in accordance with the Plans and Specifications and applicable law including, without limitation, the payment of: (x) any contract, agreement, obligation, bond or other performance security. So long as the Company is not in default under any of the provisions of this Lease or the Sublease, this appointment of the Company to act as agent and all authority hereby conferred is granted contractors, subcontractors, materialmen, suppliers, design and conferred irrevocably to the Completion Date engineering professionals and thereafter until all activities other persons providing goods or services in connection with the acquisition Provision of the Project, the Adjacent Hangar Demolition and construction the Related Area Improvements, (y) all cost overruns, and amounts necessary to remedy any funding shortfalls, relating to the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements and (z) any costs described in Section 3.7 of the Loan Agreement; and (ix) performance of all acts necessary for the disbursement of the State Assistance, the State Loan and the LDI Loan as set forth in the Loan Agreement including, without limitation, Section 3.4 of the Loan Agreement. (e) The Plans and Specifications have been prepared at the direction of Tenant and are, and shall remain, on file with Tenant in their then-current form. The final Plans and Specifications shall be subject to the review and written approval of Landlord prior to the commencement of construction, such approval not to be unreasonably withheld, conditioned or delayed. The final Plans and Specifications shall be placed on file with Tenant and may be changed from time to time by Tenant as Tenant determines is necessary or desirable to enable Tenant to occupy and use the Project for the Project Purposes; provided that, (i) Tenant shall provide prior written notice to Landlord and the Director of any such change, (ii) Landlord and the Director approve such change in writing, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) any such change shall not materially diminish the Fair Market Value of the Project Facilities shall have been completed, and shall not from that which it would be terminated prior thereto by act of the Director or the Company or by operation of law. The Director and the Company each agree that in connection with the construction of if the Project Facilities the acquisition and construction of the Project Facilities shall proceed with all reasonable dispatch. The Company agrees that all wages paid to laborers and mechanics employed in connection with the construction of the Project Facilities by the Company or its contractors or subcontractors shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be determined were completed in accordance with the requirements existing Plans and Specifications, (iv) any such change shall not change the use to be made of Chapter 4115 the Project from the Project Purposes or cause the Project to be used in a manner not permitted under the Act or the Port Act, or that would jeopardize the tax-exempt status of the Bonds and (v) Tenant shall be responsible for any additional costs incurred as a result of any such change if the State Loan, the State Assistance, the LDI Loan and the Local Grants are not sufficient to pay such additional costs. (f) If a Notice of Commencement in proper form as provided in Section 1311.252 of the Ohio Revised Code is required to be filed by Landlord, such Notice of Commencement shall be prepared and filed by Tenant in its capacity as Construction Agent on behalf of Landlord. Tenant in its capacity as Construction Agent shall permit Landlord and the Director to review and approve such Notice of Commencement prior to its filing, such approval not to be unreasonably withheld, conditioned or delayed. (g) [Intentionally Omitted] (h) No later than the 10th Business Day of each February, May, August and November during the Construction Period, Tenant in its capacity as Construction Agent shall prepare, sign and submit a Construction Progress Certificate (each, a “Construction Progress Certificate”), to Landlord, Director and the Trustee setting forth, in reasonable detail, (a) the then current status of the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements, (b) all disbursements by the Trustee made to date, (c) the amounts remaining to be paid in connection with the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements and (d) that, to the best of Tenant’s, in its capacity as Construction Agent, knowledge, no Event of Default or event that, with the giving of notice or the lapse of time, or both, would constitute an Event of Default, has occurred and is continuing under any Operative Document. (i) The Project shall be deemed completed when the City of Wilmington shall have issued to Landlord a certificate of occupancy or a temporary certificate of occupancy with respect to the Project, and Tenant in its capacity as Construction Agent shall have certified to Landlord, Director and the Trustee: (i) the identity of each item of personal property, if any, acquired, constructed or otherwise improved with proceeds of the State Loan, the State Assistance, the LDI Loan or the Local Grants; (ii) the total costs of the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements; (iii) that all other facilities necessary for determination the proper functioning of prevailing wage ratesthe Project, the Adjacent Hangar Demolition and the Related Area Improvements have been acquired, constructed, installed, equipped and otherwise improved and developed, including all punch-list items; (iv) that the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements have been completed in accordance with the Plans and Specifications and that all costs have been paid for unless remaining in dispute, and all obligations, costs and expenses in connection with the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements and then payable have been paid, and that any and all lien affidavits and waivers required to be obtained under the terms of the Loan Documents and/or the Operative Documents have been appropriately obtained; (v) all materially significant disputes, controversies or claims arising out of or in connection with the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements have been resolved, satisfied or paid in full, as the case may be; (vi) that all other facilities necessary for the proper functioning of the Project, the Adjacent Hangar Demolition and the Related Area Improvements have been provided and all costs and expenses incurred in connection with such facilities have been paid or discharged, including all associated retainages; (vii) that the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements and any other facilities described in clause (iii), have been accomplished in a manner that conforms to all applicable zoning, planning, building, environmental and other regulations of each Governmental Authority having jurisdiction over the Project, the Adjacent Hangar Demolition and the Related Area Improvements; (viii) that all licenses and approvals for the use and operation of the Project, the Adjacent Hangar Demolition and the Related Area Improvements then required by any Governmental Authority have been obtained; and (ix) that the Provision of the Project, the Adjacent Hangar Demolition and the Related Area Improvements have been accomplished in a manner that permits Landlord and Tenant to use and operate the Project for the Project Purposes. The certificate shall also specify (A) the date by which the events described in clauses (iii), (iv) and (v) above have been completed, (B) which costs and expenses, if any, are not yet due, or are being contested and (C) what amounts should be retained for any other reasons. In reliance thereon, amounts shall be retained in the Project Funds in an aggregate amount equal to those costs and expenses, to be disbursed at the time the Construction Agent delivers a properly completed Disbursement Request Form (or Forms) with respect thereto, if applicable, to the Trustee. Notwithstanding the foregoing, the certificate shall state that it is given without prejudice to any rights against third parties that then exist or that may come into being subsequently. The Construction Agent shall also deliver a Final Cost Certification to Landlord, the Director and the Trustee with that certificate. Any amount remaining in the Project Funds on the Completion Date, except for amounts that Tenant in its capacity as Construction Agent certifies to Landlord, the Director and the Trustee as being required to pay Allowable Costs not then due and payable, shall be applied in accordance with the Loan Agreement and the Supplement. (j) Tenant may from time to time, in its sole discretion and at its own expense, install personal property in or upon the Project, including without limitation, that which when installed becomes in whole or in part a fixture, all in accordance with Section 4.1 of this