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12316323v3 <br />15 <br />Section 3.06 Completion of Project. The respective Completion Date of each of the <br />2018 Project and the 2020 Project shall be evidenced to the Trustee by a Certificate signed by the <br />Authorized Borrower Representative stating that, except for amounts retained by the Trustee for <br />Project Costs not then due and payable: (i) the Project Equipment (which shall be listed in an <br />exhibit attached to said Certificate) has been installed to his satisfaction, the Project Equipment <br />so installed is suitable and, with other Borrower equipment, sufficient for the efficient use and <br />operation of the Project Facilities for the purposes specified in Section 3.01 hereof, and all costs <br />and expenses incurred in the acquisition and installation of the Project Equipment have been <br />paid, (ii) acquisition and construction of the Project Buildings have been completed in <br />accordance with the specifications therefor and all labor, services, materials and supplies used in <br />such construction have been paid for and all other costs and expenses incurred in connection <br />therewith have been paid, and (iii) the Project Buildings and all other facilities necessary in <br />connection with the Project have been acquired, constructed, improved or installed, as the case <br />may be, in such manner as to conform with all applicable zoning, planning and building <br />regulations of the governmental authorities having jurisdiction of the Project. Notwithstanding <br />the foregoing, such Certificate shall state that it is given without prejudice to any rights against <br />third parties which exist at the date of such Certificate or which may subsequently come into <br />being. <br />Section 3.07 Title to the Project Facilities. The Issuer acknowledges and agrees that as <br />between the Issuer and the Borrower, the Borrower shall be the sole owner of the Land, the <br />Project Buildings, the Project Equipment and other Project Facilities and shall be entitled to sole <br />and exclusive possession thereof and neither the Issuer, the Trustee nor any Holder of the Series <br />2020 Bonds shall be entitled to or have any lien on or security interest in the Land, the Project <br />Buildings, Project Equipment, or other Project Facilities or in the Borrower's title thereto or <br />interest therein, except as provided by the Mortgage. <br />[The balance of this page intentionally left blank.]