R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS

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contractors, subcontractors, craftsmen, laborers or any other person supplying any work, labor or materials in connection with the Project. Section 4.2. Plans and Specifications. If requested by the Assignee, the Plans and Specifications will be filed with the Issuer and the Assignee. The Company may revise the Plans and Specifications from time to time, provided that no revision shall be made that would (i) change the character of the Project so that it no longer qualifies as an "industrial project" as defined in the Act or would result in less than ninety- five percent (95%) of the proceeds of the Bonds being used by the Company for qualifying expenses of the Project under the Code or (ii) otherwise impair the tax exempt status of interest on the Bonds or (iii) materiaily alter the design or structure of the Project, or change the rentable area or intended use, or (iv) in any way increase or decrease the total Project Costs by Twenty Five Thousand Dollars ($25,000.00) or more for any single change, or in aggregate, by more than Fifty Thousand Dollars ($50,000.00), without the prior written approval of the Assignee which shall not be unreasonably withheld. Whether or not the Assignee's approval is required, the Company shall furnish the Assignee with two copies of all revisions. Section 4.3. Pa,yment of Project Costs. All Project Costs shall be disbursed by the Assignee from the Project Fund upon receipt by the Assignee of a completed requisition of the Company signed by the Authorized Company Representative and such other persons and in such form as set forth hereinafter or on such other form as mutually agreed upon by Company and Assignee. With respect to each item of Project Costs disbursed from the Project Fund: (i) the requisition shall contain the statements, representations and certifications set forth in the form of such requisition attached as Exhibit B hereto and otherwise substantially in such form; and (ii) such requisition shall, to the extent applicable, be accompanied by an endorsement to the title policy insuring the priority of the Mortgage as to such disbursement. Section 4.4. Deficienc, oy f Project Fund. The Issuer makes no warranty, either express or implied, that the amounts in the Project Fund shall be sufficient to pay fully all Project Costs and to complete the Project free of all liens other than Permitted Encumbrances. If the amounts in the Project Fund are insufficient for such purpose, the Company shall deposit cash in the full amount of any such deficiency on demand by the Issuer or the Assignee. In connection with the foregoing, the Issuer or the Assignee may request the Company to provide a confirming certification from the Project Architect as to the sufficiency of remaining funds to complete the Project. The Company shall not be entitled to any reimbursement for the payment of any such deficiency from the Issuer, the Assignee or any Bondholder, nor shall it be entitled to any diminution of any amounts otherwise payable under this Loan Agreement. The foregoing shall not prohibit the reimbursement of the Company from the proceeds of a subsequent issue of Additional Bonds. 27