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annual appropriation measure is not sufficient to pay the LPE Loan Repayment Amount due and <br />payable on any date, the LPE immediately shall make a supplemental appropriation for an <br />amount sufficient to make up any such deficiency. <br /> <br /> The foregoing covenants by the LPE in this Article IV shall be enforceable by <br />mandamus pursuant to Section 165.05(B)(3) of the Ohio Revised Code. Each obligation of the <br />LPE required to be undertaken pursuant to this Article IV is binding upon the LPE, and upon <br />each officer or employee thereof as may have from time to time the authority under law to take <br />any action on behalf of the LPE which may be necessary to perform all or any part of that <br />obligation, as a duty of the LPE and of each of those officers and employees resulting from an <br />office, trust, or station within the meaning of Section 2731.01, Ohio Revised Code, providing for <br />enforcement by writ of mandamus. <br /> <br />ARTICLE V - GENERAL REPRESENTATIONS, WARRANTIES <br />AND AGREEMENTS; EVENTS OF DEFAULT AND REMEDIES THEREFOR; <br /> INDEMNIFICATION <br /> <br />Section 5.1. The LPE hereby represents and warrants that: <br /> <br /> (a) It is, and the LPE hereby covenants that it shall remain, in compliance, and <br />to take whatever actions are necessary to assure compliance during the Contract Period of Years, <br />in all material respects with all applicable federal, state, and local 'laws, ordinances, rules, <br />regulations, and provisions of this Agreement, including, without limitation, the Act and, to the <br />extent that 'the County borrows funds from the WPCLF, the CWA and Ohio Revised Code <br />Section 6111.036. <br /> <br /> Co) There is no litigation or administrative action or proceeding pending or, to <br />the best of its knowledge, threatened against the LPE, alleging a violation of any federal, state or <br />local environmental law or regulation applicable to the Project except as set forth in the attached; <br /> <br /> (c)' No judgment-or consent order has been rendered against the LPE, nor is it <br />a party to any agreement, which consent Order, judgment or agreement imposes, will impose or <br />has imposed any fines or monetary penalties for the violation of any federal, state or local <br />environmental law or regulation applicable to the Project that have not been paid in full except as <br />set forth in the attached <br /> <br />B-12 <br /> <br /> <br />