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Page 1 of 12 <br />1/21 <br />VW PROJECT FUNDING AGREEMENT <br />Agreement Number VWL2-031 <br /> <br /> <br />This Funding Agreement (“Agreement”), entered into by and between the Indiana Department of <br />Environmental Management (“IDEM”) and the City of South Bend, Indiana (“Grantee”), is executed <br />pursuant to the terms and conditions set forth herein , in accordance with the requirements of the <br />Volkswagen Diesel Emissions Environmental Mitigation Trust , for which IDEM is the Beneficiary Lead <br />Agency. In consideration of those mu tual undertakings and covenants, the parties agree as follows: <br /> <br />1. Purpose <br /> <br />The purpose of this Agreement is to set forth the process whereby IDEM, as the Beneficiary Lead <br />Agency, directs the Tru stee of the Volkswagen Diesel Emissions Environmental Mitigation Trust to make <br />payment in the amount of $9,000 to the Grantee for reimbursement of eligible costs of the project <br />(“Project”) described in Attachment A of this Agreem ent, which is incorporated fully herein . The funds <br />shall be used exclusively in accordance with the provisions contained in this Agreement , the requirem ents <br />of the Volkswagen Diesel Emissions Environmental Mitigation Trust and applicable Indiana law. The <br />funds received by the Grantee pursuant to this Agreement shall be reimbursement for approved Project <br />costs in conformance with this Agreement and for no other purpose. <br /> <br />2. Funding Source <br /> <br />The funding source for this Agreement are the funds held in the Volkswagen Diesel Emissions <br />Environmental Mitigation Trust for State Beneficiaries for the State of Indiana. <br /> <br />3. Representations and Warranties of the Grantee <br /> <br />The Grantee expressly represents and warrants to IDEM that the information set forth in its Funding <br />Application is true, complete and accurate. The Grantee expressly agrees to promptly repay all fu nds paid <br />to it under this Agreement should it be determined that it made any material misrepresentation on its <br />Funding Application . <br /> <br />4. Implementation and Reporting Requirements <br /> <br />A. The Grantee shall implement and complete the Project in accordance with Attachment A and the <br />plans and specifications contained in its Funding Application . Modification of the Project shall require <br />prior written approval from IDEM. If IDEM determines that the Grantee is not making adequate progress <br />in implementation of the approved Project in accordance with Attachment A, IDEM may terminate this <br />agreement. <br /> <br />B. The project shall conform to all requirements as detailed in the IDEM Request for Proposals <br />announcing the availability of EV infrastructure funds that closed on September 23, 2020, attached and <br />incorporated into this document as Appendix A . <br /> <br />C. The Grantee shall submit to IDEM written progress reports until the completion of the Project. These <br />reports shall be submitted in accordance with the reporting schedule contained in Attachment C and shall <br />contain such detail of progress or performance on the Project as is required under the terms of the