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� �o�ioss3� �004i2247 costs of such acquisitions from the funds of the Construcrion Fund held by the Trustee as stated above and from Other Funding Sources. The City shall make any payments to suppliers and contractors in excess of such funds of the Construction Fund and Other Funding Sources as ad- ditional rent. The award of any contracts under this Agreement for the planning desisn. construction and acquisition of the Pri�ect shall he�ir�e responsibiliry of Heartland �►dshall nnr be subiect to any public bidding requirements of the City. The CitY sha11 be financially resnansible t� Heartland for the costs of the Proiect u�der any contracts awarded by Heartland for theplannicig, design, constructian and a.cc�ui�iti�n of the Proiect and entered inta by Heartland with �+avment_fnr �,�eh ��sts.nf rhP PTn}� ��,de from the funds in the Consttuction Fund held hv the Tnistee, wF+ic.h fiind chaii cnntain the �roceeds �rom the sale of Buildin$ Bonds issue� hv HeArtland and interest nn ��h funds white investea in rhe ('nr��ion rund, and from Uther �'unding Sour�es or otherwise bv the C;1tv as nroviden nereinabc�ve. The C;rty shall take alZ action to appoint Hearttand or any project contractor, subcontractor, supplier or other designee of Heartland as purchasing agent; it being the intention of the City and Heartland that the City shatl make such appointment of purchasing agents in regazd to the consuuction aad acquisition of the Project for the purposes of altering the siattas of Heartland or any proJect contractar, subcontractor, supplier or other designee of Heartland as the ultimate consumer of property which is physicalIy anneYed ta the Project and which belongs to the City under the ternxs and conditions of this Agreement as provided in Neb. Rev. Stat. §77- 2704.15(2}. To the extent that property is annexed to the Project without the City first issuing a purchasiag agent authorization within the meaning of Neb. Rev. Stat. �77-2704.15(3), the City shall apply for a refund of sales and use tax paid on property physically annexed to the Project and any such refund shall be pai,d to Heartland and shall constitute a part of the Other Funding Sources for the Project The City and Heartland shall make any further amendments to this Agreement required by the Nebraska Department of Revenue so that purchases in connection with any contracts awarded by Heartland for the plazuung, design, construction and acquisition of the Project and entered into by Heartland are considered to be purchases by the City under Neb. Rev. Stat. y77-2704.15 and the City rnay effectively appoint Heartland or any project contractor, subcontractor, supplier or other designee of Heartland as purchasing agent for the purposes of altering the status of Heartland or any project cantractor, subeontractor, supplier or other designee of Heartiand as the ultimate consumer of property wfuch is physically annexed to the Project and which beIongs to the City under the terms and conditions of this Agreement as provided in Neb. Rev. Stat. §77-2704.15(2). Hearttand shatl enter into contracts for the acquisition af equipment or the planning, de- sign and construction of work for units under the Declazation other than the unit constituting the Project as contemplated by the management eontraet. Heartland may enter into any agreement or agreements with Fonner Pazk for purchases by Fonner Park under such contracts within the meaning of iVeb. Rev. Stat §77-270�1.20. Any dispute with any contractor vr supplier concerning the Project or interpretation of contracts related to the Project shall be adjusted and settled by Heartland. Any additional pay- 4