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

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Page 10 of 21 to the RDA a complete, accurate, and truthful description of: (1)all civil and administrative complaints against the Grantee or any of its Principals within the five (5) years before the Effective Date for the violation of any state or federal law that (a) resulted in a fine or penalty of more than ten thousand dollars ($10,000) or (b) alleged an act or omission that constitutes a material violation of state or federal law; (2)all pending criminal complaints alleging the violation of any state or federal laws that have been filed against the Grantee or any of its Principals within the five (5) years before the Effective Date; and (3)all judgments of criminal conviction entered against the Grantee or any of its Principals within five (5) years before the Effective Date. For purposes of this Section 10.L., “Principal” shall mean (i) an officer, a corporation director, or a senior management official of Grantee, if Grantee is a is corporation, partnership, limited liability company, or business association; or (ii) an individual, a corporation, a limited liability company, a partnership, or a business association that owns, directly or indirectly, at least a twenty percent (20%) interest in Grantee. 11.COMPLIANCE WITH AUDIT AND REPORTING REQUIREMENTS; MAINTENANCE OF RECORDS. A.Grantees shall submit to an audit by the State of Indiana, or its authorized designee, of funds paid through this Agreement and shall make all books, accounting records and other documents available at all reasonable times during the term of this Agreement and for a period of five (5) years after final payment for inspection by the IEDC or its authorized designee. One (1) copy shall be furnished to the IEDC at no cost. B.Grantee shall arrange for a financial and compliance audit that complies with 2 C.F.R. 200.500 et seq. if required by applicable provisions of 2 C.F.R. § 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements). C.Separate and apart from the Grantee’s status in paragraph 11.B, if Grantee is a non- governmental unit, Grantee shall file the Form E-1 annual financial report required by IC § 5-11- 1-4. The E-1 entity annual financial report will be used to determine audit requirements applicable to non-governmental units under IC § 5-11-1-9. Audits required under this section must comply with the SBA Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources, found at: https://www.in.gov/sboa/files/guidelines- examination-entities-receiving- financial- assistance-government-sources.pdf, as amended from time to time. 12.RISK OF LOSS AND INSURANCE. The Project shall be under the charge and control of Grantee and all risks of loss or damage in connection therewith and the materials, supplies and equipment to be used therein shall be borne exclusively by the Grantee. The Grantee shall maintain, at Grantee’s own expense, insurance coverages insuring the Grantee, Grantee’s