12-13-2021 FINAL Packet - Laserfiche WebLink

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22 Agreement or this Indenture, disbursements from the Construction Fund shall be made only to pay (or to reimburse the Corporation or its designee for payment of) the Annual Fees and costs of the Project approved by the Issuer, as follows: (1) Costs incurred directly or indirectly for or in connection with the acquisition, construction, expansion, equipping, installation or improvement of the Project, as the case may be, including: costs incurred with respect to preliminary planning and studies; architectural, legal, engineering, accounting, consulting, supervisory and other services; demolition; labor, services and materials; and recording of documents and title work; (2) Costs incurred directly or indirectly in seeking to enforce any remedy against any contractor or subcontractor in respect of any actual or claimed default under any contract relating to the Project, as the case may be; (3) Any financial, legal and accounting charges and expenses or other incidental and necessary costs, expenses, fees and charges approved by the Issuer relating to the acquisition, construction, expansion, equipping, installation or improvement of the Project, as the case may be. Any disbursements from the Construction Fund described above to pay such fees, costs or expenses (or to reimburse the Corporation for the payment of such fees, costs or expenses) shall be made by the Trustee only upon the written request of an Authorized Representative for the Corporation, with the prior written approval of the Issuer. Each such written request shall be in the form of the disbursement request attached as Exhibit B hereto and shall be consecutively numbered and accompanied by invoices or other appropriate documentation supporting the payments or reimbursements requested. The Trustee shall not make any disbursements from the Construction Fund without the prior written approval of the Issuer. The Trustee has no duty or obligation to confirm that any requested disbursement constitutes as cost of the Project. Following the completion of the Project, the Issuer will file or cause the Corporation to file an Affidavit of Completion with the Trustee. If any money remains in the Construction Fund after the filing of such Affidavit of Completion, the Issuer may direct the Trustee to disburse such remaining funds for other expenditures as permitted by law, or may direct the Trustee to transfer all such moneys to the Bond Fund. (b) In making disbursements from the Construction Fund or any accounts thereof, the Trustee may rely upon such invoices or other appropriate documentation supporting the payments or reimbursements without further investigation. The Trustee shall not be bound to make an investigation into the facts or matters stated in any written request. The Trustee shall not be responsible for determining whether the funds on hand in the Construction Fund are sufficient to complete the Project. The Trustee shall have no responsibility whatsoever to disburse or transfer funds absent written instructions from the Issuer. Section 4.6 Expense Fund. The Trustee shall deposit into the Expense Fund the moneys required to be deposited therein pursuant to the provisions of Article III hereof. The Trustee shall disburse the funds held