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HomeMy WebLinkAbout0066 i 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 CO2~lPLETE. 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 Company, 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 or abatement in the payment of the purchase price because of 'its payment of any such excess. Section 2.06. WARRANTIES EXTEND TO TRUSTEE AND COMPANY. It is agreed that all vendors' warranties received in connection with all machinery and equipment purchased for the Project, together with all warranties given by contractors, manufacturers or service organizations who perform construction work or install any machinery and equipment for the Project, shall extend to both the Trustee and the Company. If requested, the Issuer and the Company shall execute and deliver appropriate instruments to accomplish.the intent of this Section; provided, however, that neither the Issuer nor the Company shall have any responsibility or liability for the effectiveness of such instruments or the enforceability of such warranties. Section 2.07. COVENANT TO CONVEY. The Company hereby- ; covenants that it will grant to the Issuer in trust as aforesaid, ` a mortgagee's interest in the Mortgaged Property described in Exhibit A attached hereto, free from all encumbrances - other than permitted encumbrances, which shall mean as of ~ any particular time: ~ ~ (A) liens for ad valorem taxes not then delinquent, ~ (B) utility, access and other easements and rights of way and encroachments that the Company certifies will not materially interfere with or materially impair the operations of the Project, and (C) such minor defects, irregularities, encumbrances, easements, rights of way and clouds on title as normally exist with respect to properties similar in character ta the Mortgaged Property; all as do not, in the opinion of the Issuer and the Trustee, materially impair the property affected thereby for the purpose for which it is intended within the intent of this Agreement. Section 2.08. ESTABLISHMENT OF COMPLETION DATE. The Company shall be required to establish the Project's completion date, which shall be evidenced by the Company's furnishing to the Trustee within 30 days following said Completion Date, with a copy of each to the Issuer, the following: ~ _ (A) A certificate signed by the president or a vice president of the Company and an architect, engineer or company ` official acting as such engineer for the Project at that time employed or retained by the Company (hereinafter called the "Consultant") stating that: 7 ~ODx~t P~ a~3 - ;