Agenda - 11-16-1993 - VIII-A (2)

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• and all real and personal property deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing items; (4) payment of any other costs and expenses relating to the (i) acquisition and construction of the Project, including interest on the Bonds during construction of the Project, (ii)all Costs of Issuance or(iii)administrations properly chargeable to the Project and the placing of the Project in operation; (5) the cost of any indemnity and surety bonds to secure deposits in the Construction Fund, the fees and expenses of any depositary or depositaries of the Construction Fund during construction,taxes or other municipal or governmental charges lawfully levied or assessed during construction upon the Project or any property acquired therefor, and premiums on insurance, if any, in connection with the Project, during construction; and (6) interest on the Bonds before the Completion Date. Section 4.04. Requisitions for Payment from Construction Fund. Payments from the Construction Fund shall be made in accordance with the provisions of this Section. The Corporation shall authorize payments from the Construction Fund upon requisition or invoice for such payment to be made, the amount to be paid, the name of the person, firm or corporation to whom payment is due and the purpose for which the obligation to be paid was incurred; provided, however, that no such authorization shall be given unless and until the Corporation Representative shall have determined: (1) that an obligation in the stated amount to be paid has been incurred, is presently due and payable, is a proper Cost and has been previously paid; (2) that, so far as he is aware, there has not been filed with or served on the Corporation or any officer or agent thereof notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to any person, firm or corporation to whom the amount is to be paid, which has not been released or will not be released simultaneously with the payment of such obligation; and (3) that in so far as any obligation mentioned in such requisition or invoice was incurred for work, materials, supplies or equipment in connection with the Project, such work was actually performed, or the materials, supplies or equipment attributable to such obligation was actually delivered or installed at the site of the Project, or delivered for fabrication. Section 4.05. Establishment of Completion Date. The Completion Date for the Project shall be evidenced by a certificate signed by the Corporation Representative setting forth the Cost of the Project and stating that, except for amounts not then due and payable or the liability for the payment of which is being contested or disputed by the Corporation, the acquisition and construction of the Project has been completed substantially in accordance with the plans and specifications therefor and the Cost of the Project has been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Section 4.06. Balance in Construction Fund On the receipt by the Paying Agent of the certificate evidencing the Completion Date accompanied by an Opinion of Counsel to the Corporation that • there are no uncancelled mechanics', laborers', contractors' or materialmen's liens against the Project or on file in any public office where the same should be filed in order to be valid liens against the Project, • 19