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200412247 Any costs in regard to any accounting and audit requested by the City under the management contract with Heartland. �. any amounts required to restore the Debt Service Reserve Fund to the amount required under the terms of the Building Bond Indenture, in the event of any withdrawal from such fund or in the event of any valuation of investments required under the terms of the Building Bond Indenture. 5. All impositions, costs, expenses, liabilities, obligations or other payments of any nature with respect to the Project which the City has agreed to pay or assume under the provisions of this .agreement. 6. All property taxes and assessments which may be assessed or levied against Heartland or the Project by virtue of any interest of the City or Heartland in the Project and all costs incurred by Heartland in preserving its ownership interest in the Project, including but not limited to any legal expenses for preserving Heartland's ownership interest, free and clear of all encumbrances other than those created pursuant to this agreement and associated documents. 7. Any amounts owed for costs of construction and acquisition of the Proiect in excess of the amounts available in the Construction Fund provided for in the Building Bond Indenture and from Other Funding Sources. In such connection, the City and Heartland hereby agree that all investment earn- ings on amounts held in the Construction Fund shall be applied to pay costs of the Project. If at any time any amount paid by the City as basic or additional rent is, or becomes, in excess of the amount required for the purpose for which it was paid, such excess amount if hPid by the Trustee or Heartland shall be refunded to the City. All payments of basic rent shall be made by the City on or before the same shall become due, without notice or demand, and without abatement or set -off. All payments of additional rent shall be made by the City as soon as is practicable after receipt of a statement from Heartland or the Trustee, without abatement or set -off. The obligation to pay basic and additional rent by the City shall be absolute, irrespective of whether the City shall have taken possession of any part of the Project, or whether the Project has been rendered unusable in whole or in part as a result of any loss, damage, taking by eminent domain, or any cause whatsoever. 6. CONSTRUCTION AND ACQUISITION OF PROJECT BY HEARTLAND. Heartland agrees to provide for the planning, design, construction and acquisition of the Project. The Project shall be constructed in accordance with the Plans and Specifications prepared by the project architect on behalf of Heartland. Heartland shall take bids for construction of the Project in the discretion of Heartland and award the contract to the project contractor. Heartland shall administer and provide for construction of the Project in accordance with the terms of said con- tract. Heartland shall make payment for costs of the Project from the funds in the Construction M