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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
Inst Number
85006350
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85- 00630 <br />Company hereby agrees that, in order to effectuate the <br />purposes of this Agreement, it will make, execute, acknowledge <br />and deliver any contracts, orders, receipts, writings and <br />instructions with any other person, firms or corporations and <br />in general do all things which may be requisite or proper, all <br />for completing the Project. <br />Company agrees that it will complete the acquisition, con- <br />struction, improving and equipping of the Project as promptly <br />as practicable, substantially in accordance with plans and <br />specifications for the Project approved by Company as such <br />plans and specifications are identified and further detailed in <br />the work orders of Company relating to the Project, including <br />any and all supplements, amendments and additions to such plans <br />and specifications and work orders, and in accordance with <br />change orders approved in writing by Company from time to time <br />prior to the Completion Date. Company agrees that said plans <br />and specifications and all changes thereto will provide for the <br />construction of facilities constituting a "project" as defined <br />by the Act. <br />In the event of material default of any contractor or <br />subcontractor under any construction contract or any other <br />contract made in connection with the Project, or in the event <br />of a material breach of warranty with respect to any materials, <br />workmanship or performance, Company will promptly proceed, <br />either separately or in conjunction with others, to pursue <br />diligently the remedies of Company against the contractor or <br />subcontractor in default and against each surety on any bond <br />securing the performance of such contract. <br />Section 4.2. Agreement to Issue Series 1985 Bonds; Appli- <br />cation of Proceeds. In order to provide funds for payment of <br />the Eligible Costs, Issuer, concurrently with the execution and <br />delivery of this Agreement, will issue, sell and deliver to the <br />Original Purchaser the Series 1985 Bonds, the proceeds of which <br />will be deposited pursuant to the provisions of Article V of <br />the Indenture. <br />Section 4.3. Disbursements from the Construction Fund. <br />Issuer has, in the Indenture, authorized and directed Trustee <br />to make disbursements from the Construction Fund for the <br />payment of Eligible Costs required by the provisions of this <br />Agreement. Such disbursements shall be made upon receipt by <br />Trustee of a certificate signed by Company Representative which <br />shall contain, as appropriate, the following% <br />(i) A statement of the amount and nature and the <br />name and address of the payee of each item of Eligible <br />-ls- <br />a <br />U <br />
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