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WHEREAS, the Participant has previously entered into two Financial Assistance <br />Agreements with the State in its capacity as predecessor to the Finance Authority in matters <br />related to the Drinking Water and Wastewater SRF Programs, dated as of June 12, 2000 and <br />December 30, 1998 (the "Prior Agreements"), to borrow money from the Drinking Water and <br />Wastewater SRF Programs, respectively, to construct and acquire a separate project (as described <br />and defined in the Prior Agreements); and <br />WHEREAS, the Participant has determined to undertake a wastewater treatment system <br />project (as more fully described herein, the "Project") and to borrow money from the Wastewater <br />SRF Program to construct and acquire the Project; and <br />WHEREAS, the Finance Authority and the Participant desire to set forth the terms of <br />such financial assistance as hereinafter provided. <br />NOW THEREFORE, in consideration of the mutual covenants herein set forth, the <br />Finance Authority and the Participant agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />Section 1.01. Definitions. The following terms shall, for all purposes of this <br />Agreement, have the following meaning: <br />"A~ency" shall mean the United States Environmental Protection Agency or its <br />successor. <br />"American Recovery and Reinvestment Act" shall mean the American Recovery and <br />Reinvestment Act of 2009, and other laws, regulations and guidance supplemental thereto <br />(including the Clean Water Act), as amended and supplemented from time to time. <br />"Authorizing Instrument(s)" shall mean the separate trust indenture(s) of the <br />Participant entered into with a corporate trustee or the detailed resolution(s) or ordinance(s) of <br />the governing body of the Participant pursuant to which the Bonds are issued in accordance with <br />State law. <br />"Authorized Representative" shall mean the City Controller of the Participant or such <br />other officer, official, or representative of the Participant duly authorized to act for and on behalf <br />of the Participant as provided for herein. <br />"Bond" or "Bonds" shall mean the instrument(s) (including the 2009 Bonds and the <br />2009 BAN) which evidence(s) the Loan, as authorized by the Authorizing Instrument and <br />containing the terms set forth in Section 2.02 of this Agreement. <br />B-2 <br />BDDBOI 5738468v1 <br />