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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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14. All notices, demands, and formal actions hereunder will be in writing <br /> mailed,telegraphed,or delivered to the parties at the following addresses: <br /> The Issuer: Issuer's Notice Address <br /> The Commission: Arkansas Natural Resources Commission <br /> 10421 West Markham <br /> Little Rock,Arkansas 72205 <br /> Attention:Zach Smith <br /> The Authority: Arkansas Development Finance Authority <br /> 1 Commerce Way,Suite 602 <br /> Little Rock,Arkansas 72202 <br /> Attention:President <br /> 15. The Issuer shall not purchase any of the ADFA Bonds or any other bonds <br /> issued for the purpose of providing funds to the Authority for the purchase of the Bond. <br /> 16. All representations and warranties of the Issuer contained herein shall <br /> remain operative and in full force and shall survive (a) the execution and delivery of this <br /> Agreement,(b)any investigation made by or on behalf of the Commission or the Authority,(c) <br /> the purchase of the Bond hereunder,and(d)any disposition of or payment for the Bond. <br /> 17. Any audit or review of plans and specifications and any inspection of the <br /> work shall be for the Commission's convenience only in order to determine that they are within <br /> the approved scope of the Project. No such review and inspection,approvals,and disapprovals <br /> shall be an undertaking by the Commission of responsibility for design or construction. <br /> 18. Neither the Commission nor the Authority is a partner,joint venturer,or in <br /> any other way a party to the Project or the operation of the water facilities of the Issuer. Neither <br /> the Commission nor the Authority shall in any way be liable or responsible by reason of the <br /> provisions hereof to the Issuer or any third party for the payment of any claims in connection <br /> therewith. <br /> 19. This Agreement may be executed in any number of counterparts with each <br /> executed counterpart constituting an original but all of which together shall constitute one and the <br /> same instrument. <br /> 20. This Agreement will inure to the benefit of and be binding upon the parties <br /> hereto and their successors and will not confer any rights upon any other person. This Agreement <br /> shall be governed by and construed in accordance with the laws of the State of Arkansas. <br /> 10 <br />
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