Representations Regarding Project Status. The parties hereto acknowledge that prior to the date hereof, the Company has entered into certain Contracts in respect of the Project and has incurred and paid for certain Project Costs. In order to account for such costs for purposes of the funding procedures and mechanics set forth herein, the Company has certified and made certain representations in the Company's Closing Certificate as to various facts pertaining to the status of the Project, including, without limitation, the work performed, the Contracts entered into and the Project Costs incurred to date. The Company has further represented that the Project Budget attached hereto as Exhibit H-1, the Summary Anticipated Cost Report attached hereto as Exhibit H-2, the Monthly Requisition Report attached as Appendix III to the Company's initial Advance Request submitted on the Closing Date and the Project Schedule attached hereto as Exhibit I are true and accurate in all material respects as of the Closing Date and incorporate and reflect the work performed and Project Costs incurred to date. Such certifications and representations of the Company have been confirmed by the Construction Consultant to the extent set forth in the Construction Consultant's Closing Certificate.
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Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Las Vegas LLC)
Representations Regarding Project Status. The parties hereto acknowledge that construction of the Project commenced prior to the date hereofhereof and that, in connection therewith, the Company has entered into certain Contracts in respect of Contracts, the Project Construction Manager has engaged certain Subcontractors, and the Company has incurred and paid for certain Project Costs. In order to account for such costs construction activity for purposes of the funding procedures and mechanics set forth herein, the Company has certified and made certain representations in the Company's Closing Certificate as to various facts pertaining to the status of the Project, including, without limitation, the work performed, the Contracts entered into and the Project Costs incurred to date. The Company has further represented that the Project Budget attached hereto as Exhibit H-1H, the Summary Anticipated Cost Report attached hereto as Exhibit H-2, the Monthly Requisition Report attached as Appendix III to the Company's initial Advance Request submitted on the Closing Date H-1 and the Project Schedule attached hereto as Exhibit I are true and accurate in all material respects as of the Closing Date date hereof and incorporate and reflect the work performed and Project Costs incurred to date. Such certifications and representations of the Company have been confirmed by the Construction Consultant to the extent set forth in the Construction Consultant's Closing Certificate.
Appears in 1 contract
Samples: Funding Agents' Disbursement and Administration Agreement (Grand Canal Shops Mall Construction LLC)