Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.

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paid fromthe Project Fund only the net amount remaining after deduction of any such portion. The Lessee covenants and agrees to promptly take all necessary and appropriate action in approving and ordering all such disbursements. Section 4.4. Obligation of the Parties to Cooperate in Furnishing Documents to Trustee. T e Lessee and Lessor agree to cooperate in furnishing to the Trustee the various documents referred to in the Lease and Indenture to effectuate the terms thereof. Section 4.5. Establishment of Completion Date. The Completion Date shall be evidenced to the Trustee by a certificate signed by the Authorized Lessee Representative stating that, except for amounts retained by the Trustee for Project costs not then due and payable as provided in Section 4.3(i), (i) if a Building constitutes part of the Project, acquisition and improvements, if any, to the Building or construction of the Building have been completed in substantial accordance with the plans and specifications therefor, and the purchase price, all labor, services, materials and supplies used in making the acquisition, improvements or construction, if any, have been paid for, (ii) all other facilities necessary in connection with the Project have been constructed, acquired and installed in substantial accordance with the plans and specifications therefor and all costs and expenses incurred in connection therewith have been paid, and (iii) if machinery and equipment (Leased Equipment) constitutes part of the Project, such machinery and equipment has been installed to his satis- faction and all costs and expenses incurred in the acquisition and installation of such machinery and equipment (Leased Equip- ment) have been paid. Notwithstanding the foregoing, such certificate shall state that it is given without prejudice to any rights against third parties which exist at the date of such certifi- cate or which may subsequently come into being. Section 4.6. Lessee Required toPay Project Coats in Event Project Fund Insufficient. In the event the moneys in the Project Fund available for payment of the costs of the Project should not be sufficient to pay the costs thereof in full, the Lessee agrees to deposit in the Project Fund, moneys sufficient to pay, or to complete the Project and pay, all that portion of the costs of the Project as may be in excess of the moneys available therefor in the Project Fund. The Lessor does not make any warranty, either express or implied, that the moneys which will be paid into the Project Fund and which, under the provisions of this Lease, IV-6