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200806452 provIsIOn and (ii) furnish the Issuer with a Favorable Opinion with respect to such proposed amendment and the expenditure of moneys from the Construction Fund to pay the Project Costs as shown on the Plans and Specifications as so amended. (e) If, for any reason, the proceeds from the sale of the Bonds are not sufficient to pay all the Project Costs, the Company shall complete or cause to be completed the Project and payor cause to be paid all Project Costs which are not or cannot be paid or reimbursed from proceeds of the Bonds from its own funds or other funds available to the Company or its affiliates, but it shall not be entitled to reimbursement from the Issuer therefor, or to any diminution in or postponement of any payments required to be made by the Company hereunder. Section 4.03. Construction Fund. The Construction Fund shall be drawn on and used to pay the Costs of Issuance of the Bonds and Project Costs when due and payable. The Issuer shall pay to the Trustee for deposit the proceeds from the sale and delivery of the Bonds as follows: (a) the amount of capitalized interest, if any, specified in the Indenture in the Capitalized Interest Account of the Construction Fund, (b) the amount specified in the Indenture as Costs of Issuance of the Bonds in the Costs of Issuance Account of the Construction Fund, (c) an amount equal to the Debt Service Reserve Requirement in the Debt Service Reserve Fund and (d) the remainder in the Construction Fund. The Trustee, pursuant to request of the Company, shall draw on and use the Construction Fund as follows: (a) From the Costs of Issuance Account, immediately after the delivery of the Bonds authorized hereby, the Company, or the Trustee, upon written direction of the Authorized Company Representative, shall pay directly (i) to the Issuer, the amount, if any, to be paid pursuant to Section 6.02(b) hereof and (ii) to such other parties submitting invoices, the other Costs of Issuance. (b) The Trustee shall make payments to the Company or, at the Company's written request, to a third party, from the Costs of Issuance Account of the Construction Fund for any Costs of Issuance (in addition to those paid under Section 4.03(a) above) and, subject to subsection (c) below, other Project Costs from time to time upon receipt by the Trustee of a request of the Company signed by the Authorized Company Representative. Such request shall be accompanied by a certificate signed by the Authorized Company Representative stating with respect to each payment as follows: (i) the name and address of the person, firm or corporation to whom payment is to be made; (ii) requested; the amount of expenditures for which payment or reimbursement is (iii) the amount requested to be paid has been or will be incurred and is for Project Costs; (iv) no part of the several amounts requested to be paid, as stated in such certificate, has been or is the basis for the payment of any money in any previous or then pending request; 4834-8191-0786.7 25