Receipt of Documents by Bank. The Bank shall have received the following items and documents, duly executed and in each case in form and substance satisfactory to the Bank;
(i) a Bank's Consultant's Report, dated the date of the requested Disbursement, together with a revised and updated Budget;
(ii) copies of all Trade Contracts and all architect's and engineer's agreements executed since the date of the last preceding Request for Disbursement and copies of all amendments to any Trade Contract, or architect's or engineer's agreement executed since the date of the last preceding Request for Disbursement, together with copies of all performance and payment bonds with respect to the Trade Contractors under such Trade Contracts and together with a Trade Contractor Consent and Agreement with resect to each such Trade Contract, and together with assignments to the Bank of all such agreements and contracts;
(iii) such further builders' risk or other insurance relating to the Construction of the Improvements as shall be required hereunder or by the other Operative Documents or, to the extent the same relate to the Project, as shall otherwise be reasonably requested by the Bank;
(iv) in the case of Disbursements to pay costs which are shown as non- construction related Soft Costs in the Budget, such evidence as the Bank may require to the effect that such costs have been properly incurred and are due and payable;
(v) all documents, reports, certificates, affidavits and other information as the Bank may require to evidence compliance by the Company with all of the provisions of this Agreement;
(vi) a Borrower's Affidavit with appropriate insertions and attachments, in form and substance satisfactory to the Bank and to the Bank's counsel, executed by the General Partners, and a Request for Disbursement, each dated the date for such Disbursement;
(vii) satisfactory evidence (including, without limitation, contracts, bills of sale or other agreements) that title to all materials and fixtures incorporated in the Construction of the Improvements and all materials stored on-site or off-site or in fabrication shall vest in the Company immediately upon delivery thereof to the Project;
(viii) payment of the Bank's counsel fees and the fees of the Bank's Consultant relating to the Project, as well as all other out-of-pocket expenses of the Bank relating to the Project and incurred since the date of the preceding Request for Disbursement to the extent the foregoing are then due and payable, including, wit...
