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Attachment L <br />Required Contract Provisions Related to Certain Telecommunication and <br />Video Surveillance Services and Equipment <br />for Equivalency Projects <br />A provision substantially like the below will be included in each procurement contract when such <br />contract involves the use of direct Federal funds (identified as Equivalency). The SRFApplicant <br />shall remain responsible for compliance with applicable condition. Such SRF Applicant has been <br />encouraged to consult with its advisors and counsel regarding such matters and, in any event, <br />understands that the use of the following does not relieve the SRFApplicant from its obligation to <br />comply with applicable condition and related provisions of any financial assistance agreement <br />entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan <br />Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by <br />any SRF Applicant's use of the following provision. <br />City of South Bend <br />The Contractor hereby acknowledges to and for the benefit of the ("Owner") <br />and the Indiana Finance Authority (the "Authority") that it understands and agrees that it is <br />required to comply with all terms of 2 CFR 200.216, Prohibition on certain <br />telecommunication and video surveillance services or equipment, which among other <br />requirements prohibits the use of Loan proceeds by the Participant to procure (by means of <br />entering into, extending, or renewing contracts) or obtain equipment, systems or services that <br />use "covered telecommunications equipment or services" identified in the regulation as a <br />substantial or essential component of any Drinking Water or Wastewater System, or as <br />critical technology as part of any Drinking Water or Wastewater System. Such prohibitions <br />extend to the use of Loan proceeds by the Participant to enter into a contract with an entity <br />that "uses any equipment, system, or service that uses covered telecommunications <br />equipment or services" as a substantial or essential component of any Drinking Water or <br />Wastewater System, or as critical technology as part of any Drinking Water or Wastewater <br />System. The Participant represents and warrants that it has not procured or obtained from <br />Loan proceeds equipment, systems or services that use "covered telecommunications <br />equipment or services" identified in the regulation as a substantial or essential component of <br />any Drinking Water or Wastewater System, or as critical technology as part of any Drinking <br />Water or Wastewater System. Notwithstanding any other provision of this Agreement, any <br />failure to comply with this paragraph by the Contractor shall permit the Owner and the <br />Authority to recover as damages against the Contractor (and the Contractor shall indemnify <br />and hold the Owner and the Authority harmless against) any loss, expense or cost (including <br />without limitation attorney's fees) incurred by the Owner or the Authority resulting from any <br />such failure (including without limitation any impairment or loss of funding, whether in <br />whole or in part, from the Authority or any damages owed to the Authority by the Owner). <br />While the Contractor has no direct contractual privity with the Authority, as a lender to the <br />Owner for the funding of its project, the Owner and the Contractor agree that the Authority is <br />a third -party beneficiary and neither this paragraph (nor any other provision of this <br />Agreement necessary to give this paragraph force or effect) shall be amended or waived <br />without the prior written consent of the Authority. <br />5 <br />