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20041`247 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 of the Pri�ect shall he the responsibility of Heartland -3ndshall not be subject to any public bidding requirements of the City. The City shall be financially responsible to Heartland for the costs of the Project under any contracts awarded by Heartland for the planning., design, construction and acciukition of the Project and entered into by Heartland with pavment-fnr a,ich rusts. of the Prr�' -c _tn be made from the funds in the Construction Fund held by the Trustee, which fiind -hall contain the proceeds from the sale of Building Bonds issued by Heartland and interest on s,irh funds while investea in the Cmistruction tuna, and from Other Funding Sources or otherwise by the City as Drovidea nereinabove. The City shall take all action to appoint Heartland or any project contractor, subcontractor, supplier or other designee of Heartland as purchasing agent; it being the intention of the City and Heartland that the City shall make such appointment of purchasing agents in regard to the construction and acquisition of the Project for the purposes of altering the status of Heartland or any project contractor, subcontractor, supplier or other designee of Heartland as the ultimate consumer of property which is physically annexed to the Project and which belongs to the City under the terms and conditions of this Agreement as provided in Neb. Rev. Stat. §77- 2704.15(2). To the extent that property is annexed to the Project without the City first issuing a purchasing agent authorization within the meaning of Neb. Rev. Stat. §77- 2704.15(3), the City shall apply for a refund of sales and use tax paid on property physically annexed to the Project and any such refund shall be paid to Heartland and shall constitute a part of the Other Funding Sources for the Project. The City and Heartland shall make any further amendments to this Agreement required by the Nebraska Department of Revenue so that purchases in connection with any contracts awarded by Heartland for the planning, design, construction and acquisition of the Project and entered into by Heartland are considered to be purchases by the City under Neb. Rev. Stat. §77- 2704.15 and the City may effectively appoint Heartland or any project contractor, subcontractor, supplier or other designee of Heartland as purchasing agent for the purposes of altering the status of Heartland or any project contractor, subcontractor, supplier or other designee of Heartland as the ultimate consumer of property which is physically annexed to the Project and which belongs to the City under the terms and conditions of this Agreement as provided in Neb. Rev. Stat. §77- 2704.15(2). 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- 2