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201106937 20041�247 3. :�ny costs in regard to any accountin, and audit requested by che City under the mana�ement concract �vith Heartland. �. �ny acnounts required co restore che Debc Service Reserve Fund to the amount required under the terms ot the Building Band Indenture, in the avent of any withdrawal &om such fund ar in ttte event of any valuation of investments required under the terms of ttte Building Bond Indenture. �. ?►lt impasicions, costs, zxpenses, liabilicies, obli�arions �r ocher pavments vf any nature with respect co the Pmject tivhich the Ciry has a�eed to pay or assume under rhe provisions of this �greement. ti. �!1 property taxes and assessments which may be assessed or levied against Heartland or the Project by virtue of :3ny interest of the City or Heartland in the Project and all costs incurred by Heartiaad in preserving its ownership interest in the Project, imcludin� but not limited to any legal expenses for preserving Heartland's ownership interest, free and cleaz uf alI encumbrances other [han those created pursuant to rhis :��eem�nt and associa.ted documents. Any amounts owed for costs of construcrion and acquisition of rhe Proiect in e.ccess of the amounts available in the C�nstruction Fund provided for in the BuiT�duig Bond Indenture and fram Other Funding Sources. In such connectiou, the City and Heartland hereby agree that atl investment earu- in�s on amounts held in the Construction Fund skall be applied to pay costs of the Project. If at any tirne any amount paid. by the City as basic or additional rent is, or becoines, in �.ccess of the amount required for tlze purpose for which it was paid, such excess am��nr �hPid by_ the Trustee or Heartland shall be refunded to the City. All payments of basic rent shall be made by the City on or before the same shall become due, without notice or demand, and without abatement or set-off. ,�tll payments of addirional rent shall be made by the Ciry as soon as is practicable after receipt of a statement from Heartlaud or th� Trustee, without abatement or set-off. The abli�arion to pay basic and additional rent by the Ciry sha11 be absolute, irrespective of whether the City shall have taken possession of any part of the Project, or whether the Project has been cendered unusable in whole or in part as a result of any toss, damage, taking by zmincnt dornain, or any cause whatsoever. 6. COIYSTRUCTIOiY :�YD �CQUISITION OF PROJECT BY HE_aRTL�vD. Heartland agrees to provide for the planning, design, construction and acquisition of tlze Project, The Projeet shall be consuucted in accordance with the Pians and Specificadans prepazed by tlze project �rchitect on behalf of Heartland. Heartland shatl take bids for construction of the Project in the discretion of Fiesrtland and award the contract to the project conaactor. Heartland shall administer and pravide for construction of che Project in accordance with the terms of said con- tract. Heartiand shall make payment tor costs �f che Praject from the funds in the Cunstruction 0