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<br />and Restated Agreement or otherwise, unless any such fees costs or expenses are being contested
<br />by the Borrower in good faith and by appropriate proceedings, (b) shall ask, demand, sue for, levy,
<br />recover and receive all those sums of money, debts and other demands whatsoever which may be
<br />due, owing and payable under the terms of any contract, order, receipt, writing and instruction
<br />in connection with the acquisition, construction and equipping of the Project, and (c) shall enforce
<br />the provisions of any contract, agreement, obligation, bond or other performance security with
<br />respect thereto.
<br />Section 3.2. Plans and Specifications. The Borrower, with the prior written consent of
<br />the Bank, if any, and the Initial BSBY Rate Bond Purchaser, may revise the Plans and
<br />Specifications from time to time, provided that no revision shall be made which would change the
<br />purpose of the Project to other than a purpose permitted by the Act. The Borrower promptly
<br />delivered to the Bank, if any, and the Initial BSBY Rate Bond Purchaser, a copy of the final Plans
<br />and Specifications upon their completion.
<br />Section 3.3. Issuance of the Bonds; Application of Proceeds. To provide funds to make
<br />the Loan for purposes of reimbursing the Borrower for expenditures made to finance, and assisting
<br />the Borrower in financing, the Project, the Issuer has issued, sold and delivered the Project Bonds
<br />upon the order of the Underwriter as provided in the Bond Purchase and Covenant Agreement, as
<br />amended and restated by the Amended and Restated Bond Purchase and Covenant Agreement.
<br />The Project Bonds were issued pursuant to the Original Indenture in the aggregate principal
<br />amount, bear interest, will mature and will be subject to redemption as set forth therein, as
<br />supplemented and amended by the Amended and Restated Indenture, as supplemented and
<br />amended by the Second Amended and Restated Indenture. T he Borrower hereby approves the
<br />terms and conditions of the Original Indenture, as supplemented and amended by the Amended
<br />and Restated Indenture, as supplemented and amended by the Second Amended and Restated
<br />Indenture, and the Project Bonds, and the terms and conditions under which the Project Bonds
<br />were issued, sold and delivered. The proceeds from the sale of the Project Bonds have been loaned
<br />to the Borrower and paid over to the Trustee for the benefit of the Borrower and the Holders of the
<br />Bonds and deposited as provided in Section 5.01 of the Indenture. Pending disbursement pursuant
<br />to Section 3.4 hereof, the proceeds deposited in the Project Fund, together with any investment
<br />earnings thereon, shall constitute a part of the Revenues assigned by the Issuer to the payment of
<br />Bond Service Charges as provided in the Indenture.
<br />At the request of the Borrower, and for the purposes and upon fulfillment of the
<br />conditions specified in the Indenture, the Issuer may provide for the issuance, sale and delivery
<br />of Additional Bonds and loan the proceeds from the sale thereof to the Borrower.
<br />Section 3.4. Disbursements from the Project Fund. Subject to the provisions below and
<br />to the representations, warranties and covenants contained herein and in the Tax Certificate,
<br />disbursements from the Project Fund shall be made only to pay, or to reimburse the Borrower
<br />for payment of, costs of the Project, or to reimburse the Bank, if any, for draws or the Letter of
<br />Credit, if any, to pay interest on the Project Bonds as set forth in Section 3.4(f) below, as
<br />follows:
<br />(a) Costs incurred directly or indirectly for or in connection with the
<br />acquisition, construction or installation of the Project, including: costs incurred with respect
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