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