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ARTICLE III. <br />Renovation or Construction <br />Section 3.1: The Commission or the Lessee shall construct and equip the <br />Facility on the Real Property according to the plans and specifications approved <br />by the Commission and the Lessee. Said Commission or Lessee shall be responsible <br />for entering into a construction contract with a general contractor for the <br />construction of the Facility. The said form of construction contract shall pro- <br />vide for the payment from the Acquisition and Improvement Fund for work performed <br />by the general contractor during the stages of construction. Said contract shall <br />be provided to the Trustee. <br />Section 3.2: The schedule of payments under the construction contract shall <br />be delivered by the Commission or the Lessee to the Trustee, and payments there- <br />under shall be made only by written direction of the Commission. The contract <br />shall further provide that before any payments are made from the Acquisition <br />and Improvement Fund the general contractor and all sub - contractors to receive <br />payment or partial payment for services and /or labor and /or materials shall waive <br />all rights to mechanic's or materialmen's liens or any claims against the City's <br />and /or the Commission's real estate for work done, labor performed or materials <br />furnished under the construction contract. <br />Section 3.3: As used in this Indenture, the words "independent architect" <br />shall mean the architect, engineer, or firm of architects or engineers which <br />may be selected by the Commission and approved by the Trustee, which architect, <br />engineer, or firm of architects or engineers, shall have the responsibility of <br />supervising and representing the Commission and the Commission's interest in <br />the construction contract and to check and order compliance with the plans and <br />specifications. The Trustee may require the Commission or the Lessee to select <br />an independent architect. The independent architect shall certify in writing <br />the completion of all requests for draws by the general contractor as to the work <br />being completed and /or labor performed and /or materials furnished which are billed <br />by the general contractor before payment is made by the Trustee. Services ren- <br />dered by the independent architect shall be paid for by the Trustee as a cost of <br />the project. The independent architect shall be the Commission's representative <br />- 5 - <br />