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<br />ARTICLE 3 <br /> <br />CONSTRUCTION AND EQUIPPING <br />OF THE PROJECT <br /> <br />SECTION 3.01. CONSTRUCTION AND EQUIPPING OF PROJECT BY CORPORATION. The <br />Corporation represents that it will: (a) construct the Project substantially in accordance with the <br />Plans and specifications therefor, and (b) install all necessary items of Equipment in the Facilities. <br />The Corporation may make changes in the Project or items of Equipment at any time; provided that <br />no changes will be made which would cause the Project not to constitute an authorized "project" <br />within the meaning ofthe Act, or which would cause the violation of any representation or covenant <br />made hereunder, or jeopardize the tax-exempt status of interest on the Bonds for federal income tax <br />purposes. The work on the Project will be completed in accordance with all applicable zoning, <br />planning and building regulations of governmental authorities having jurisdiction of the Facilities. <br /> <br />Contemporaneously with the delivery of this Loan Agreement, the Issuer shall assign its <br />rights in, and pledge any moneys receivable under, this Loan Agreement (other than administrative <br />costs and indemnity payments to be paid to the Issuer, if any) to the Lender as security for the <br />payment of the Bonds. The Corporation hereby consents to the assignment. <br /> <br />SECTION 3.02. PAYMENT OF COSTSOFTHE PROJECT BY CORPORATION. The Corporation <br />agrees that it will provide promptly any and all sums of money required to complete the construction, <br />equipping and installation of the Project to the extent not paid from the proceeds of the Bonds, <br />including all legal, abstractors', accounting fees and expenses, administrative, printing costs and <br />other expenses incurred and to be incurred on or before or in connection with issuance ofthe Bonds. <br /> <br />The Corporation agrees to be liable and pay for all Issuance Expenses. The Corporation <br />further agrees that in no event may Bond proceeds in excess of two percent (2%) ofthe proceeds of <br />the Bonds be used to payor reimburse for the payment of Issuance Expenses. <br /> <br />SECTION 3.03. DISBURSEMENTS FROM CONSTRUCTION ACCOUNT. The proceeds of the <br />Bonds deposited in the Construction Account shall be disbursed by the Lender in accordance with <br />the terms of this Loan Agreement upon receipt of a certificate (substantially in the form of Exhibit <br />A attached hereto) signed by a Corporate Representative containing the following information: <br /> <br />(a) if the Corporation seeks reimbursement for Qualified Project Costs paid by <br />it, a statement of the amount and nature of the Qualified Project Costs and the name and <br />address of the payee of each item of the Qualified Project Costs certified to have been paid <br />by and requested to be reimbursed to the Corporation; or <br /> <br />(b) if payment is to be made to someone other than the Corporation, a statement <br />of the amount and nature of each item of Qualified Project Costs certified to be due and <br />payable and requested to be paid to a person other than the Corporation; and <br /> <br />3-1 <br />