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2011-06-03
CITY-OF-BATESVILLE
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2011-06-03
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standards" defined as, but not limited to, those contained in the U.S. General <br /> Accounting Office (GAO) publication "Standards for Audit of Governmental <br /> Organizations, Programs, Activities and Functions" (February 27, 1981), and <br /> make these records available to the Commission, the EPA Inspector General, or <br /> their authorized representatives; <br /> (d) To undertake the Project on its own responsibility and release and <br /> hold harmless the Commission and the Authority, and their officers, members, <br /> directors and employees, from any claim arising in connection with the design, <br /> construction or operation of the Project or any other aspect of the wastewater <br /> facilities of the Issuer, including any matter due solely to their own negligence; <br /> (e) To comply with all terms and conditions of any construction <br /> contracts, architectural or engineering agreements, and other agreements <br /> affecting the Project, the premises of the wastewater facilities of the Issuer, and <br /> its operations and to require its construction contractor to furnish both a <br /> performance bond and payment bond in the full amount of the construction <br /> contract for the Project; <br /> (f) To become familiar with and comply with all federal and state <br /> laws pertaining to equal employment opportunities ensuring that all engineers <br /> and contractors for the Project do not discriminate against any person on the basis <br /> of race, color, religion, sex, age, national origin or handicap; and <br /> (g) To maintain and operate the wastewater facilities of the Issuer in a <br /> sound and economical manner and in accordance with standards as may be <br /> required or prescribed by federal, state, or local regulatory agencies. <br /> 11. The Issuer covenants and agrees with the Authority as follows: <br /> (a) For purposes of this paragraph 11, the following terms shall have <br /> the meanings set forth below. <br /> "Rule 15c2-12" shall mean Rule 15c2-12 adopted by the Securities and <br /> Exchange Commission under the Securities Exchange Act of 1934, as the same <br /> may be amended from time to time (17 C.F.R., Part 240 §240.15c2-12). <br /> "Obligated Person" shall mean any person who is committed by contract <br /> or other arrangement to support payments in a sum equal to ten percent (10%) or <br /> more of the aggregate payments of the loans, including the Bond, which comprise <br /> the Revolving Loan Fund administered by the Authority, and which are pledged <br /> as security for ADFA Bonds, the proceeds of which fund a portion of the Bond. <br /> (b) If, during any fiscal year of the Authority, the outstanding <br /> obligations of the Issuer under the terms of the Bond shall cause the Issuer to be <br /> deemed an Obligated Person, and unless in the opinion of bond counsel for the <br /> 6 <br />
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