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existence,or powers of the Issuer or the titles of its officials to their offices,(ii)enjoin or restrain <br /> the issuance,sale,and delivery of the Bond,the levy of the Tax,or the pledge of Tax collections, <br /> (iii)in any way question or affect any of the rights,powers,duties,or obligations of the Issuer with <br /> respect to the Tax collections,(iv)in any way question or affect any authority for the issuance of <br /> the Bond or the validity or enforceability of the Bond,the Bond Ordinance or the Tax Ordinance, <br /> or (v) in any way question or affect this Agreement or the transactions contemplated by this <br /> Agreement,or any other agreement or instrument relating thereto to which the Issuer is a party; <br /> (f) The Tax has been duly levied under the Authorizing Legislation and the Tax <br /> Ordinance,and the Tax collections have been duly pledged to the payment of the Bond under the <br /> Bond Ordinance pursuant to the authority granted by the Authorizing Legislation;and <br /> (g) The Issuer will promptly remit each Disbursement to the person or persons <br /> to whom payment is then due and owing. <br /> 11. The Issuer covenants and agrees with the Commission and the Authority: <br /> (a) To comply with all applicable Arkansas and federal statutes and regulations, <br /> including particularly,without limitation,Title XV Rules. <br /> (b) To utilize and expend the proceeds of the Bond in a timely and expeditious <br /> manner by:(1)utilizing Bond proceeds for eligible Project costs and approved issuance costs,(2) <br /> proceeding expeditiously with and completing the Project, and (3) completing all facilities <br /> recommended in the approved facilities plan; <br /> (c) To establish and maintain adequate financial records for the Project in <br /> accordance with "generally accepted governmental accounting standards" defined as, but not <br /> limited to,those contained in the U.S.General Accounting Office(GAO)publication"Standards <br /> for Audit of Governmental Organizations, Programs, Activities and Functions" (February 27, <br /> 1981),and make these records available to the Commission or its authorized representatives; <br /> (d) To undertake the Project on its own responsibility and release and hold <br /> harmless the Commission and the Authority,and their officers,members,directors and employees, <br /> from any claim arising in connection with the design,construction,or operation of the Project or <br /> any other aspect of the water facilities of the Issuer,including any matter due solely to their own <br /> negligence; <br /> (e) To comply with all terms and conditions of any construction contracts, <br /> architectural or engineering agreements, and other agreements to which the Issuer is a party <br /> affecting the Project,the premises of the water facilities of the Issuer, and its operations and to <br /> require or cause to be required its construction contractor to fumish both a performance bond and <br /> payment bond in the full amount of the construction contract for the Project; <br /> (f) To become familiar with and comply with all federal and state laws <br /> pertaining to equal employment opportunities ensuring that all engineers and contractors for the <br /> Project do not discriminate against any person on the basis of race, color, religion, sex, age, <br /> national origin,or handicap; <br /> 5 <br />