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4. Real Estate and Construction <br />4.1 Commencement <br />The Project Sponsor shall provide all construction services for the Cultural Project. The <br />Project Sponsor shall be responsible for the construction administration of the Cultural <br />Project. By April 1, 2026, the Project Sponsor shall commence or cause <br />commencement of construction of the Cultural Project. <br />4.2 Contracts and Permits <br />The Project Sponsor shall have the full authority to contract with appropriate persons for <br />the design and construction of the Cultural Project, The Project Sponsor shall secure all <br />necessary permits and/or licenses related to the Cultural Project. <br />4.3 Completion <br />The Project Sponsor represents and warrants that it will cause the Cultural Project to be <br />constructed with reasonable speed and dispatch and reasonably adhere to the <br />submitted construction schedule. The expected completion date of the Project is <br />August 31, 2026 (Completion Date). <br />4.4 Restrictions of Record <br />The Project Sponsor hereby represents and warrants that there are not now, and there <br />will not be, any restrictions of record with respect to the Facility or the Cultural Project, <br />including without limitation, any encumbrances, liens or other matters, which would <br />interfere with or otherwise impair the use of the Facility as an Ohio cultural facility or the <br />rights and obligations granted hereunder by the Project Sponsor to the Commission. <br />The Project Sponsor represents that it is the fee simple owner of the premises on which <br />the Facility is located, as described in Section 2.1 of this Agreement. <br />5. Operations and Maintenance <br />5.1 Operations and Maintenance <br />The Project Sponsor shall be solely responsible for and shall pay all operating and <br />maintenance costs of the Facility over the term of the Facility Bonds. <br />The Project Sponsor shall maintain and keep the Facility in good order and repair, shall <br />use the Facility for the intended purpose, and shall take all actions reasonably <br />necessary to ensure that the Facility is available for the presentation of culture to the <br />public over the term of the Facility Bonds. <br />5.2 Schedule of Operation/Control of Content <br />During the term of this Agreement, the Project Sponsor shall have the exclusive <br />authority to schedule events and functions at the Facility. <br />Page 5 of 15 <br />