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WHEREAS, to implement the policies set forth in Section 2m, Article VIII of the Ohio Constitution, and in Chapter 164 of the
<br />Revised Code, the General Assembly, pursuant to Section 164.02 of the Revised Code, created the Ohio Public Works Commission;
<br />WHEREAS, pursuantto Section 164.05 of the Revised Code, the Director ofthe OP WC is empowered to (i)enter into agreements
<br />with Local Subdivisions to provide loans, grants, and local debt support and credit enhancements for Capital Improvement Projects (as
<br />hereinafter defined); and (ii) authorize payments to Local Subdivisions or their Contractors (as hereinafter defined) for costs incurred for
<br />Capital Improvement Projects which have been approved by the Director;
<br />WHEREAS, Sections 164.05 and 164.06 of the Revised Code permit a grant of funds, or other forms of financial assistance, for
<br />such a Capital Improvement Project to be expended and provided only after the District has submitted a request to fund the Project to the
<br />Director outlining the Recipient's planned use of the funds; and subsequent approval of the request by the Director;
<br />WHEREAS, theRecipient desires to engage in the acquisition, constriction, reconstruction, improvement, planning or equipping
<br />of the Capital Improvement Project (the "Project ") described in Appendix A of this Agreement; and
<br />WHEREAS, the Project has been duly recommended to the Director pursuant to Section 164.06 of the Revised Code by the
<br />District Public Works Integrating Committee of the Recipient;
<br />NOW, THEREFORE, in consideration of the promises and covenants herein contained, the undersigned agree as follows:
<br />SECTION 1. Definitions and General Provisions. The following words and terns as herehnafterused nrthis Agreement shall have
<br />the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or
<br />intent.
<br />"Bond Counsel" means an attorney or firm of attorneys of nationally recognized standing on the subject of municipal bonds
<br />satisfactory to the Director.
<br />"Business Day" means a day ofthe year on which banks located in Columbus, Ohio and in New York, New York arenot required
<br />or authorized by law to remain closed and on which The New York Stock Exchange is not closed.
<br />"Capital Improvement" or "Capital improvement Project" means the acquisition, construction, reconstruction, improvement,
<br />planning and equipping of roads and bridges, wastewater treatment facilities, water supply systems, solid waste disposal facilities, and
<br />storm water and sanitary collection, storage and treatment facilities of Local Subdivisions, including real property, interests in real
<br />property, and facilities and equipment of Local Subdivisions related or incidental thereto.
<br />"Chief Executive Officer" means the single office or official of the Recipient designated in Appendix B pursuant to Section 6
<br />hereof, or his authorized designee as per written notification to the Director.
<br />"Chief Fiscal Officer" means the single office or official of the Recipient designated in Appendix B pursuantto Section 6 hereof,
<br />or his authorized designee as per written notification to the Director.
<br />"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed
<br />to include the United States Treasury Regulations in effect, whether temporary or final, with respect thereto and applicable to the
<br />Infrastructure Bonds or the use of the proceeds thereof.
<br />"Conti-actor" means a person w ho has a direct contractual relationship with the Recipient and is (i) the manufacturer of all or
<br />a portion of the Project, or (ii) the provider of labor, materials or services in connection with the construction, reconstruction, expansion,
<br />improvement or engineering of the Project, or both.
<br />"Cost of Capital Improvement Projects" means the costs of acquiring , constructing, reconstructing, expanding, improving and
<br />engineering Capital Improvement Projects and, as applicable, related financing costs.
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