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including without limitation all amounts paid in the acquisition
of the Project, the cost of an attorney's title opinion or
certificate of insurance with respect to the rights.of the
Mortgagee and its assiqns as to the property being mortgaged, ;
all amounts, if any, paid for insurance during construction,
all amounts paid under all construetion, engineering, architectural
or other contracts, all payments incurred in acquiring machinery
and equipment and installing the same, and the cost of completion
and performance bonds;
(B) All amounts paid by the Company for reasonable
changes and substitutions under said plans and specifications;
(C) All amounts necessary to reimburse the Issuer and
the Company for any work performed, materials purchased or
expenditures incurred pertaining to or in connection with
the Project or its operation prior to completion, including,
but without limiting the generality of the foregoing, the
charges of any architects or engineers for plans and speci-
fications for the Project, the cost of architectural or other
supervisory personnel in connection with the constructing
and equipping of the Project, the charges of any surveyors
or engineers employed to make plans or conduct tests or
anaZyses with respect to the Project.
Section 2.04. ACTION TO ENSURE COMPLETION OF PROJECT.
The Company covenants that it will take such action and institute
such proceedings reasonably available to it as sha11 be
necessary to cause and require a11 contractors and material
suppliers to complete their contracts diligently in accordance
with the terms of said contracts, including without lir~itation .
the correcting of any defective work, with all expenses incurred
by the Company in connection with the performance of its
obligations under this Section to be considered part of the cost
of the Project, and the Issuer and the Trustee agree that
the Company may, from time to time, in the Issuer's name,
the Company's name or in the name of the Issuer and the
Company, take such action as may be necessary or advisable,
as determined by the Company, to ensure the constrnction of
the Project in accordance with said plans and specifications
and the installation of machinery and equipment in accordance
with applicable contracts pertaining thereto, and to insure
the performance by the Company of all its covenants and
obligations under this Agreement, with all costs and expenses
incurred by the Company in this connection to be considered a
part of the cost of the Project. lhe Trustee and the Issuer
will cooperate with the Company during any efforts by the
Company to remedy a default by any contractor or subcontractor,
provided that the Company shall advance all costs and expenses ;
reasonably expected to be incurred by the Trustee or the Issuer
~ or both the Trustee and the Issuer and to indemnify and save
harmless the Trustee and the Issuer against any risk, claims or
liabilities arising out of any such efforts.
Section 2.05. COVENANT TO COMPLETE. The Company =
covenants and agrees that, subject to the provisions of
Section 6.04 hereof, in the event the cost of the Project
should exceed the net proceeds of the sale of the Bonds, the
Project shall nevertheless be completed promptly by the
Cor,~pany, and the Company does hereby agree to provide and pay
from its own funds the entire amount of any such excess. The
Company shall not be entitled to any diminution, delay o"r
abatement in the payment of the purchase price because of its
payment of any such excess.
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