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and disclosures related to Lobbying Restrictions in a form and manner as may from time <br />to time be required by SRF Policy Guidelines or the Clean Water Act including without <br />limitation the Lobbying Restrictions; and (iii) pay any applicable civil penalty required <br />by the Lobbying Restrictions as may be applicable to making a prohibited expenditure <br />under Title 40 CFR Part 34, or failure to file any required certification or lobbying <br />disclosures. The Participant understands and acknowledges that pursuant to such <br />Lobbying Restrictions, the making of any such prohibited expenditure, or <br />any such failure to file or disclose, is subject to a civil penalty of not less than $10,000 <br />and not more than $100,000 for each such expenditure or failure. <br />Section 3.03. Representations and Warranties of the Participant. After due <br />investigation and inquiry, the Participant hereby represents and warrants to the Finance <br />Authority that: <br />(a) The Participant is duly organized and existing under state law, and constitutes <br />a "political subdivision" within the meaning of I.C. 13-11-2-164 and a "participant" <br />within the meaning of I.C. 13-11-2-151.1. The Project and the Treatment Works are <br />subject to I.C. 36-9-23. <br />(b) The Participant has full power and authority to adopt the Authorizing <br />Instrument, enter into this Agreement and issue the Bonds and perform its obligations <br />hereunder and thereunder. <br />(c) By all required action, the Participant has duly adopted the Authorizing <br />Instrument and authorized the execution and delivery of this Agreement, the Bonds and <br />all other papers delivered in connection herewith. <br />(d) Neither the execution of, nor the consummation of the transaction <br />contemplated by, this Agreement nor the compliance with the terms and conditions of <br />any other paper referred to herein, shall conflict with, result in a breach of or constitute a <br />default under, any indenture, mortgage, lease, agreement or instrument to which the <br />Participant is a party or by which the Participant or its property, including the Treatment <br />Works, is bound or any law, regulation, order, writ, injunction or decree of any court or <br />governmental agency or instrumentality having jurisdiction. <br />(e) There is no litigation pending or, to the knowledge of the Participant, upon <br />investigation, threatened that (1) challenges or questions the validity or binding effect of <br />this Agreement, the Authorizing Instrument or the Bonds or the authority or ability of the <br />Participant to execute and deliver this Agreement or the Bonds and perform its <br />obligations hereunder or thereunder or (2) would, if adversely determined, have a <br />significant adverse effect on the ability of the Participant to meet its obligations under <br />this Agreement, the Authorizing Instrument or the Bonds. <br />B-19 <br />BDDBOI 5738468v1 <br />