22-84 Agreement for financing Lkwd-Warren-Det Partnership

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-2- and the Issuer or the trustee, uortgagee or secured party designated under such trust agreement or mortgage or security agreement shall, onbehalf and for the protection of the holder of the Bonds, accept such other security as may be provided or pern~Ltted under said Chapter 165, The Issuer shall not have any financial responsibility with respect to the Bonds or the Project except from ~revenues' (as defined in Section 165.01, Ohio Revised Code) de- rived by the Issuer with respect to the Bonds and the Project. 2. Upon receipt of a request from the Company and compliance with all applicable requirements of Section 103 of the Internal Revenue Code rela- tive to the tax-exemption status of the Bonds, the Issuer will promptly issue the Bonds in such form and in one or more series, maturing in such amounts and times, bearing interest at such rate or rates, payable on such dates and con- taining such optional and mandatory redemption features and prices as are re- quested by the Company, and viii deliver the Bonds to the purchaser or pur- chasers thereof and cooperate to its fullest extent in cons,--,Ating the trans- actiOns 3. All wages paid to laborers and mechanics employed on the Project shall be paid at not less than the prevailing rates of wages of laborers and mechanics for the class of work called forby the Project, which wages shall be determined in accordance with ~he requirements of Chapter 4115, Ohio vised Code, for determination of prevailing wage rates; provided that if the Company undertakes, as part of the Project, construction to be performed by its regular bargaining unit employees who are covered under a collective bar~ gaining agreement which was in existence prior to the date of this Agreement, then, in that event, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees. To the extent required by Section &115.032, Ohio Revised Code, the Company shall comply, and shall re- quire compliance by all contractors or subcontractors working on the Project, with all applicable requirements of Sections &115.03 through 4115.16, OhioRe- vised Code, including, without limitation, obtaining from the Ohio Department of Industrial Relations (i) its determination of the prevailing rates of wages to be paid for the class of work called for by the Project and (ii) to the ex- tent applicable, its designation of a Prevailing Wage Coordinator for the Project, pursuant to Section 4115.032, Ohio Revised Code. Prior to the issu- ance of the Bonds the Company shall be required to provide the Issuer with evidence, satisfactory to the Issuer, that ithas complied with the foregoing agreements, 4. In order to induce the Issuer to execute and deliver this Agree- mant and ultimately to issue the Bonds, the Company hereby agrees: (a) The ~cquisition, construction, equipping and improving of the Project was not commenced prior to the date hereof. (b) The provision of the assistance to be pro- vided under this Agreement and the commitments there- for made by the Issuer {i) have induced the Company to locate within the boundaries of the Issuer the expan- sion of that business of the Company to be conducted by use of the Project and (ii) will create additional Jobs and employment opportunities within the Issuer.