1. MIDA Bond Sisters of Presentation

(c) a certificate for payment under paragraphs (a) or (b) of this Section must also contain a statement that (i) the materials. goods or services for which payment or reimbursement is requested constitute Qualified Project Costs, are due and payable to the Payee or have been paid by the Corporation, and are or were necessary in connection with the Project and that such item has not formed the basis for any previous payment, and (ii) the Corporation has received properly executed lien waivers from all contractors, subcontractors and suppliers for materials, goods and services previously paid. SECTION 3.04. PLANS AND SPECIFICATIONS. The Corporation may make any changes in or modifications of the plans as initially approved by the Corporation. and may make any deletions from or substitutions or additions to the Project without the prior consent of the Lender, so long as such changes or modifications in the plans, or deletions from or substitutions or additions to the Project. do not in the opinion of an a Corporate Representative, materially and adversely alter the size or scope or cost of the Project materially impair the structural integrity and utility of the structures, or materially impair the usefulness or character of the Project. No changes or modifications in the plans and no deletions from or substitutions or additions to the Project may be made without prior approval of a contractor's sureties if required by the terms of any indemnity bond. No change or modification, or substitution, deletion or addition. shall be made if it would violate any license, permit, or approval given by the City or the State. with respect to the Project or if it would disqualify the Project as a facility allowed to be financed under the Act or the Code. Nothing herein shall be construed to prevent the execution of a change order when required by any governmental order or regulation. SECTION 3.05. ESTABLISHMENT OF COMPLETION DATE. The Completion Date shall be evidenced to the Lender by a Celiificate of Completion signed by a Corporate Representative and accepted by the Lender stating that, except for amounts retained by the Lender at the direction of the Corporation for any Qua]ified Project Costs not then due and payable or the liability for which is being contested in good faith by the Corporation: (a) renovation of the Project has been completed in accordance with the plans, and all labor, services, materials and supplies used in such renovation have been paid for; and (b) all other facilities necessary in connection with the Project have been renovated. acquired and installed in accordance with the plans and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, the Celiificate of Completion may 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. The Corporation agrees to cooperate in causing such Celiificate of Completion to be furnished to the Lender as promptly as practicable after the occurrence of the events and conditions referred to in clauses (a) and (b) of the first sentence of this Section 3.05. Moneys remaining in the Construction Account on the Completion Date, except for any moneys which the Corporation directs the Lender in writing to retain therein for the payment of any 3-2 JnY