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<br />200806452
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<br />ARTICLE IV
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<br />THE PROJECT
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<br />Section 4.01. Approvals and Permits. The Company agrees to obtain, or cause to be
<br />obtained, all permits and approvals necessary with respect to the acquisition. construction,
<br />equipping and furnishing of the Project.
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<br />Section 4.02. Acquisition and Construction.
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<br />(a) The Project shall be acquired, constructed, improved and equipped with all
<br />reasonable dispatch by the Company and shall belong to, and be the property of, the
<br />Issuer until purchased by the Company, provided that the Company is intended to be the
<br />owner of the Project for federal income tax purposes. The Company will use its best
<br />efforts to cause such acquisition, construction, improving and equipping to be completed
<br />as soon as reasonably commercially practicable, delays incident to strikes, riots, acts of
<br />God or the public enemy, or other causes beyond the reasonable control of the Company
<br />only excepted; but if for any reason there should be delays in such acquisition,
<br />construction, improving and equipping, there shall be no diminution in or postponement
<br />of the Rent Payments to be made by the Company hereunder, and no resulting liability on
<br />the part of the Issuer. The Company agrees, however, to use its best efforts to remedy
<br />with all commercially reasonable dispatch the cause or causes preventing it from carrying
<br />out its agreements, provided that the settlement of strikes, lockouts and other industrial
<br />disturbances shall be entirely within the discretion of the Company, and the Company
<br />shall not be required to make settlement of strikes, lockouts and other industrial
<br />disturbances by acceding to the demands of the opposing party or parties when such
<br />course is, in the judgment of the Company, unfavorable to the Company.
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<br />(b) The Company shall acquire, construct, improve and equip the Project or
<br />cause the Project to be acquired, constructed, improved and equipped in the manner
<br />provided in the Act and this Agreement and in accordance with the Plans and
<br />Specifications on file and available to the Issuer at the Facility during the construction
<br />period (subject to the restrictions of subsection (c) below) and the Trustee shall have no
<br />responsibility or liability whatsoever with respect to the Project and the acquisition,
<br />construction, improving or equipping thereof. The Company may amend, or cause to be
<br />amended, such Plans and Specifications; provided, however, that such Plans and
<br />Specifications shall not be amended in any material respect except as provided in
<br />subsection (d) below. It is agreed and understood that the Company will cause to be
<br />entered into and executed all agreements and contracts necessary to assure and
<br />accomplish the actual acquisition, construction, improving, equipping and furnishing of
<br />the Project (and that the Issuer shall not execute any such agreements or contracts) and
<br />that the Company will cause to be carried out, paid, supervised and enforced all such
<br />agreements and contracts, and will cause to be provided such insurance on and in
<br />connection with the acquisition, construction, improving, equipping and furnishing of the
<br />Project as it deems necessary or advisable or as is required by law and this Agreement in
<br />accordance with its customary insurance practices, which may include self-insurance.
<br />The Company shall payor cause to be paid, from proceeds from the sale and delivery of
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<br />4834-8191.0786.7
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