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Additionally, the Participant shall provide such other information requested or required of
<br /> the Finance Authority or the Participant by the Agency.
<br /> (g) Provide to the Finance Authority audited financial statements of the Participant
<br /> inclusive of the activities of the Drinking Water System, commencing with financial
<br /> statements for a calendar year period that ends not more than two (2) years after the date
<br /> of this Agreement (and for each calendar year period that ends every two (2) years
<br /> thereafter until the Loan has been repaid),which audit(i) shall have been performed by the
<br /> Indiana State Board of Accounts or by an independent public accountant and (ii) shall be
<br /> submitted to the Finance Authority no later than nine (9) months following the end of the
<br /> calendar year period to which such audit pertains.
<br /> (h) Continue to update, implement, and maintain an Asset Management Program
<br /> (including a Fiscal Sustainability Plan)of the Participant that meets SRF Policy Guidelines
<br /> including applicable requirements of the Wastewater SRF Act. The Participant
<br /> acknowledges and agrees that its agreement to continue to update,implement,and maintain
<br /> an Asset Management Program (including a Fiscal Sustainability Plan) as provided in this
<br /> subsection was a condition of the Loan and that the Participant's Asset Management
<br /> Program (including a Fiscal Sustainability Plan) was certified prior to the date of
<br /> Participant's submission of its Preliminary Engineering Report. Over the term of the Loan,
<br /> the Participant further agrees to continue to update, implement and maintain the
<br /> Participant's Asset Management Program(including a Fiscal Sustainability Plan)to assure
<br /> it has the financial, managerial, technical, and legal capability to operate and maintain its
<br /> Treatment Works consistent with SRF Policy Guidelines including applicable
<br /> requirements of the Wastewater SRF Act.
<br /> (i) Provide notice to the Finance Authority under the circumstances contemplated,
<br /> and undertake inspections as required, by SRF Policy Guidelines.
<br /> (j) (1) Establish and maintain just and equitable rates and charges for the use of
<br /> and the service rendered by the Drinking Water System, to be paid by the owner of each
<br /> and every lot,parcel of real estate or building that is connected with and uses the Drinking
<br /> Water System, or that in any way uses or is served by the Drinking Water System, (2)
<br /> establish,adjust and maintain rates and charges at a level adequate to produce and maintain
<br /> sufficient revenue (when determined including user and other charges, fees, income or
<br /> revenues available to the Participant, provided that to the extent permitted by law System
<br /> Development Charges shall be excluded when determining if such are sufficient)to provide
<br /> for the proper Operation and Maintenance of the Drinking Water System, to comply with
<br /> and satisfy all covenants contained herein and to pay all obligations of the Drinking Water
<br /> System and of the Participant with respect thereto, and (3) if and to the extent Bonds are
<br /> payable from property taxes, levy each year a special ad valorem tax upon all property
<br /> located in the boundaries of the Participant, to pay all obligations of the Participant with
<br /> respect thereto.
<br /> (k) If the Bonds are payable from the revenues of the Drinking Water System, not
<br /> borrow any money, enter into any contract or agreement or incur any other liabilities in
<br /> connection with the Drinking Water System without the prior written consent of the
<br /> Finance Authority if such undertaking would involve, commit or use the revenues of the
<br /> Drinking Water System; provided that the Participant may authorize and issue additional
<br /> obligations,payable out of the revenues of its Drinking Water System, ranking on a parity
<br /> with the Bonds for the purpose of financing the cost of future additions, extensions and
<br /> improvements to the Drinking Water System, or to refund obligations of the Drinking
<br /> Water System, subject to the conditions, if any, in the Authorizing Instrument.
<br /> (1) Comply with the Civil Rights Act of 1964, as amended, 42 U.S.C.
<br /> Section 2000d et sec., the Age Discrimination Act, as amended, Public Law 94-135,
<br /> Section 504 of the Rehabilitation Act of 1973, as amended (including Executive Orders
<br /> 11914 and 11250), 29 U.S.C. Section 794, Section 13 of the Federal Water Pollution
<br /> Control Act Amendments of 1972, Public Law 92-500, Executive Order 11246 regarding
<br /> equal employment opportunity, and Executive Orders 11625 and 12138.
<br /> B-11
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