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6462
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6462
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Last modified
12/6/2004 2:49:57 PM
Creation date
11/5/2014 12:23:45 PM
Metadata
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City Ordinances
Passed
11/3/2003
Ordinance Number
6462
Bill Number
8694
Introdate
11/3/2003
Description
Winco Redevelopment Revenue Bonds $6,000,000
Introduced By
Munkel
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(c) <br /> <br />Licenses and Permits. All required licenses, permits and approvals required or necessary <br />for the acquisition, construction, improvement and equipping of the Project from any <br />governmental agency as may be necessary for such work. <br /> <br /> Section 3.4. Enforcement of Contracts and Surety Bonds. The Company agrees that it <br />will, on behalf of the Issuer, comply with the provisions of Section 107.170 of the Revised Statutes of <br />Missouri, as amended, to the extent applicable to the construction of the Project. In the event of a <br />material default of any contractor or subcontractor under any construction contract or any other contract <br />made in connection with the Project, or in the event of a material breach of warranty with respect to any <br />materials, workmanship or performance, the Company is authorized by the Issuer, and will promptly <br />proceed, either separately or in conjunction with others, to enforce any warranties and claims, and to <br />pursue diligently the remedies of the Company against the contractor or subcontractor in default and <br />against any surety on a bond securing the performance of such contract. Any amounts recovered by way <br />of damages, refunds, adjustments or otherwise in connection with the foregoing, after deduction of <br />expenses incurred in such recovery and after reimbursement to the Company of any amounts theretofore <br />paid by the Company and not previously reimbursed to the Company for correcting or remedying of the <br />default which gave rise to the proceedings against the contractor, subcontractor or surety, shall be paid to <br />and retained by the Company. <br /> <br /> Section 3.5. LIMITATION OF ISSUER'S LIABILITY. ANYTHING CONTAINED IN <br />THIS LEASE AGREEMENT TO THE CONTRARY NOTWITHSTANDING, ANY OBLIGATION <br />THE ISSUER MAY INCUR IN CONNECTION WITH THE UNDERTAKING OF THE PROJECT <br />FOR THE PAYMENT OF MONEY SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR <br />GENERAL OBLIGATION OF THE ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION <br />THEREOF, BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS <br />DERIVED BY IT FROM THIS LEASE AGREEMENT AND THE LETTER OF CREDIT, <br />INCLUDING PAYMENTS MADE PURSUANT TO THE LETTER OF CREDIT. NO PROVISION IN <br />THIS LEASE AGREEMENT OR ANY OBLIGATION HEREIN IMPOSED UPON THE ISSUER, OR <br />THE BREACH THEREOF, SHALL CONSTITUTE OR GIVE RISE TO OR IMPOSE UPON THE <br />ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF A PECUNIARY LIABILITY <br />OR A CHARGE UPON ITS GENERAL CREDIT OR TAXING POWERS. NO OFFICER OR <br />MEMBER OF THE GOVERNING BODY OF THE ISSUER SHALL BE PERSONALLY LIABLE ON <br />THIS LEASE AGREEMENT. <br /> <br /> Section 3.6. DISCLAIMER OF WARRANTIES. The Company recognizes that since the <br />Project has been or will be acquired, improved and equipped by the Company and by contractors and <br />suppliers selected by the Company, THE ISSUER DOES NOT MAKE ANY REPRESENTATION OR <br />WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, <br />CONDITION OR WORKMANSHIP OF ANY PART OF THE PROJECT OR ITS SUITABILITY FOR <br />THE PURPOSES OF THE COMPANY OR THE EXTENT TO WHICH PROCEEDS DERIVED FROM <br />THE SALE OF THE BONDS WILL PAY THE COST TO BE INCURRED IN CONNECTION <br />THEREWITH. <br /> <br /> Section 3.7. Machinery and Equipment Purchased by the Company. Any personal <br />property, including without limitation, furniture, fixtures, machinery or equipment, the entire purchase <br />price of which is paid for by the Company with the Company's own funds, and no part of the purchase <br />price of which is paid from funds deposited pursuant to the terms of the Indenture or this Lease in the <br />Project Fund, or from funds provided by the Issuer pursuant to this Lease, shall NOT constitute Project <br />Equipment, shall be the sole property of the Company and shall be subject to property taxes. <br /> <br /> <br />
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