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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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The Participant further understands and agrees that it shall comply with all record keeping and <br />reporting requirements under all applicable legal authorities, including any reports required by <br />the Finance Authority or the Agency, such as performance indicators of program deliverables, <br />information on costs and progress of the Project. The Participant understands that (i) each <br />contract and subcontract related to the Project is subject to audit by appropriate federal and <br />state entities and (ii) failure to comply with the applicable legal requirements and this <br />Agreement may result in a default hereunder that results in a repayment of the Loan in advance <br />of the maturity of the Bonds,termination and/or repayment of grants,cooperative agreements, <br />direct assistance or other types of financial assistance, and/or other remedial actions. <br />The Participant further understands and agrees that it shall comply with (i) Executive Order <br />14030, regarding Climate-Related Financial Risk and (ii) Executive Order 13690, regarding <br />Flood Risk Management Standards. <br />The Participant further understands that the Project is being financed, in whole or in part,with <br />BIL funds, and shall place a physical sign displaying the official Building a Better America <br />emblem and Agency logo at the site of the Project. <br />B. The following additional terms in this Paragraph B related to GPR Projects (and the related <br />defined terms) are [NOT]applicable to the Loan. <br />GPR Projects" shall mean Project components that meet the requirement of the <br />Green Project Reserve(GPR) Sustainability Incentive Program"consistent with SRF Policy <br />Guidelines including applicable requirements of the Drinking Water SRF Act. <br />GPR Projects Adjustment Fee"shall mean an amount which would equal the gross <br />additional interest that would have accrued on the Bonds from the date of this Agreement <br />through their scheduled final maturity, had such Bonds been issued at an interest rate <br />determined under the Drinking Water SRF Program's interest rate policies and practices using <br />the final, actual GPR Projects Expenditures (rather than the amount referenced in the <br />Participant's business case or categorical exclusion posted at www.srf.in.gov), all as <br />determined by the Finance Authority. <br />GPR Projects Expenditures" shall mean those costs and expenses incurred by the <br />Participant that are part of the Project which are GPR Projects in nature (within the meaning <br />of the Drinking Water SRF Act) as determined by the Finance Authority, in order for the <br />Bonds to receive special interest rate treatment under the Drinking Water SRF Program's <br />interest rate policies and practices. <br />The Participant understands and acknowledges that a special interest rate has been applied to <br />the Bonds as a result of a portion of the Project having been identified by the Participant as <br />being a GPR Projects project. In the event GPR Projects Expenditures are hereafter <br />determined by the Finance Authority to be less than the amount referenced in the Participant's <br />business case or categorical exclusion, then the Finance Authority may request and the <br />Participant shall promptly pay(no later than thirty(30)days after any request),a GPR Projects <br />Adjustment Fee in connection with the Loan. The Participant shall certify to the Finance <br />D--2 -
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