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85-- 006350 <br />Section 4.5. Establishment of Completion Date. Upon <br />completion of the acquisition, construction, improving and <br />equipping of the Project, Company shall evidence the Completion <br />Data by a certificate signed by the Company Representative and <br />delivered to Trustee stating the cost of the Project and that, <br />except for amounts retained by Trustee at the direction of the <br />Company for any Eligible Costs not then due and payable: <br />(i) acquisition, construction, improving and equip- <br />ping of the Project has been completed in accordance <br />with the plans, specifications and work orders, as <br />amended or supplemented, and all labor, services, <br />materials, equipment and supplies used or installed have <br />been paid for, <br />(ii) appropriate facilities necessary in connection <br />with the Project have been acquired, constructed, <br />improved and equipped to the satisfaction of the <br />Company, <br />(iii) the Project is being used for its intended <br />purposes and all costs and expenses incurred in the <br />acquisition, construction, improving and equipping of <br />the Project have been paid or payment provided therefor. <br />Notwithstanding the foregoing, such certificate shall state <br />that it is given without prejudice t; any rights against third <br />parties which exist at the date of such certificate or which <br />may subsequently come into being. <br />Company agrees to cause such certificate to be furnished to <br />Issuer and Trustee. Upon receipt of such certificate, Trustee <br />shall retain in the Construction Fund a sum equal to the amount <br />estimated by the Company Representative to be necessary for <br />payment of the Eligible Costs not then due and payable. All <br />moneys then on hand in the Construction Fund in excess of the <br />amount to be retained shall be applied by Trustee, if requested <br />by Company, to the purchase of Bonds in the open market, which <br />Bonds shall thereupon be canceled, or applied toward the <br />redemption of Bonds at the earliest redemption date permitted <br />by the Indenture. Any amount not to be retained for payment of <br />the Eligible Costs, and not applied toward the purchase or <br />redemption of Bonds, shall be transferred by Trustee into the <br />Bond Fund. In any event, the amount so transferred into the <br />Bond Fund shall not exceed in the aggregate five percent (58) <br />of the amount of the proceeds (excluding accrued interest) <br />received by Issuer from the sale of the Bonds, with any <br />-20- <br />an- <br />u <br />