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200412247 Fund held by the Trustee. which fund shall contain the proceeds from the sale of Building Bonds issued by Heartland and interest on such funds while invested in the Construction Fund, and from Other Funding Sources. The City shall make any payments to suppliers and contractors, in excess of such funds in the Construction Fund and Other Funding Sources, as additional rent. Heartland shall take bids in the discretion of Heartland for acquisition of such additions, improvements and fixtures as shall be specified to be subject to this Agreement at the time of the issuance of the Building Bonds and which are not included in the construction contracts of the Project. Heartland shall administer and provide for acquisition of such additions, improvements and fixtures in accordance with the terms of said contracts. Heartland shall make payment for costs of such acquisitions from the funds of the Construction Fund held by the Trustee as stated above and from Other Funding Sources. The City shall make any payments to suppliers and contractors in excess of such funds of the Construction Fund and Other Funding Sources as ad- ditional rent. The award of any contracts under this Agreement for the planning, design, construction and acquisition the Project shall be the responsibility of Heartland and shall not be subject to any public bidding requirements of the City. Heartland shall enter into contracts for the acquisition of equipment or the planning, de- sign and construction of work for units under the Declaration other than the unit constituting the Project as contemplated by the management contract. Heartland may enter into any agreement or agreements with Fonner Park for purchases by Fonner Park under such contracts within the meaning of Neb. Rev. Stat. §77- 2704.20. Any dispute with any contractor or supplier concerning the Project or interpretation of contracts related to the Project shall be adjusted and settled by Heartland. Any additional pay- ment related to the Project resulting from the resolution of a dispute with a contractor or supplier or resulting from any judgment, claim or liability related the Project in excess of funds in the construction fund and from Other Funding Sources shall be paid by the City as additional rent. The City shall take possession of the Project upon issuance of certificate of substantial completion by the project architect and inspection and acceptance by the City or its designated representative; provided, there are no unresolved disputes with any contractor or supplier concerning the Project. 7. PROJECT MAYAGEMEYT BY HEARTLAND. Upon issuance of the certifi- cate of substantial completion by the project architect in accordance with this Agreement and the City taking possession of the Project, the City and Heartland shall enter into a management con- tract under which Heartland shall have rights, duties and liabilities as follows: a. To provide the Project with such equipment, supplies and other goods necessary and prudent for the efficient and effective operation of the Project as a public multi - purpose agricultural exposition and events center at Heartland's expense, which property shall remain the sole and separate property of Heartland. 7