5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed

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Page 6 of 21 (2)executed Statement of Compliance that the Project Description identified in Exhibit “B” is in all material respects the same Project that will be constructed using Project Funds; (3)fully executed: (a)financing agreements, if any, (including without limitation, loan agreements, notes, guaranties, mortgages, security agreements, title insurance, surveys, environmental site assessments, and such other documents) provided to the lender or as otherwise required by the RDA; (b)all economic incentive agreements other than the Project Funds from all sources, including state, federal and local; (c)all documents evidencing (coupled with the Project Funds) that all necessary funds to complete the Project have been obtained; (d)Performance Bond, Payment Bond, Personal Guaranty, or such other form of guaranty as may be required by the RDA from the Grantee in an amount equal to the Project Funds to assure that the Project Funds are used in the Project in accordance with this Agreement; (4)proof of ownership, leasehold rights or other rights reasonably satisfactory to the RDA that Grantee has the right and access to the real property for which the Project will be completed; (5)all required land use and other federal, State or local approvals; (6)corporate documentation reasonably satisfactory to the RDA establishing Grantee’s corporate (or other form) existence and authority, as well as establishing the authority of the signatory below to execute this Agreement; (7)that certain Commitment and Repayment Agreement duly executed by and between Sponsor and the RDA (the “Repayment Agreement”); and (8)if applicable, that certain Assignment of Project Funds Agreement (the “Assignment Agreement”) as further defined in Section 29. 8.RESTRICTIONS OF PROJECT FUNDS. Grantee, upon its own credit and expenses, assumes the sole risk for all costs incurred prior to the RDA and the IEDC’s approval of the Claim Form. Grantee may incur any cost for the Project it deems appropriate, without RDA’s approval, if Grantee does not intend to request reimbursement for such expenses with Project Funds. Grantee represents and warrants that any Project Funds it receives for the Project will be used only as permitted by this Agreement and the IEDC Agreement, as applicable. Project Funds shall not be expended by Grantee to cover any costs associated with the following: (i) travel expenses or meals; (ii) applying for READI; or (iii) any costs incurred before January 1, 2022. Project Funds may only be expended by Grantee to cover the costs deemed an Eligible Cost (as defined in the IEDC Agreement). Eligible Costs are defined as: