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4/30/2019 1:35:27 PM
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.r <br />Page 5 <br />Cromwell & Associates as its duly authorized agent with full <br />authority to act for and on Lessor's behalf with regard to any and <br />all required approvals, consents and/or authorizations of Lessor <br />as to the plans and specifications, any changes therein or extras <br />or additions thereto, the construction of the factory buildings <br />and permanent improvements, the acquisition and installation of <br />Lessor's machinery, equipment and fixtures, and certain disburse- <br />ments from the Construction Fund or Funds into which the proceeds <br />of the Act No. 9 Bonds and Amendment No. 49 Bonds are deposited <br />as specified in Section 602 of the Trust Indenture securing the <br />Act No. 9 Bonds and Section 13 of the County Court Order securing <br />the Amendment No. 49 Bonds. <br />Section 102. The Lessee shall see that, pursuant to the <br />General Construction Contract, and as a part of the construction <br />cost of the Project, there is furnished and in full force and <br />effect at all times during said construction, general accident <br />and public liability insurance, workmen's compensation, builder's <br />risk and a performance and payment bond in an adequate amount, <br />which insurance and bond shall contain a clause naming the Lessor, <br />Lessee and Trustee for the Act No. 9 Bondholders as insureds as <br />their interests may appear, except in the case of the general <br />accident and public liability insurance the Lessor need not be <br />included, and any monies recovered by the Lessor, Lessee or the <br />Trustee for the Act No. 9 Bondholders shall be deposited in the <br />Construction Fund established by the Trust Indenture securing the <br />Act No. 9 Bonds and disbursed therefrom in accordance with the pro- <br />visions of said Trust Indenture governing disbursements from the <br />said Construction Fund. <br />From and after the time of the issuance and delivery of <br />the Act No. 9 Bonds and the Amendment No. 49 Bonds, the insurance <br />and performance and payment bond referred to in this section shall <br />be subject to the approval, as to amounts and companies, of the <br />Trustee for the Act No. 9 Bondholders, provided, however, such <br />approval shall not be unreasonably withheld. <br />Section 103. The Project shall be completed free of any <br />violation of any state or local laws, ordinances or regulations <br />applicable thereto. The Lessor shall deliver to the Lessee at the <br />time of the taking of possession by it hereunder, certificates, if <br />any are necessary, from all appropriate authorities authorizing <br />such occupancy for the purposes herein contemplated. The Project <br />
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