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200412247 it deems appropriate and which is not included under the terms of the Construction Contract. All such equipment or other property shall not be part of the Project, shall be the separate property of Heartland and shall be paid for by Heartland from sources other than those deposited to the Construction Fund. Heartland shall direct payment for costs of the Project from the Construction Fund. The award of any contracts under this Agreement for the planning, design, construction and acquisition of the Project shall be the responsibility of Heartland and shall not be subject to any public bidding requirements of the City. The City hereby approves the Construction Contract. 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 or becomes part of 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 or becomes part of 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). 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, provided that no resolution of any dispute increasing the Guaranteed Maximum Price shall be made without the consent of the City. Any additional payment 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 8