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"District Committees" means the District Public Works Integrating Committees and the Executive Committees created pursuant <br />to Section 164.04 of the Revised Code, and District Subcommittees created pursuant to Section 164.06 of the Revised Code. <br />"Governing Body" means the board of county commissioners or a county council if a county; the legislative authority if a <br />municipal corporation; or the board of township trustees if a township; the board of directors if a sanitary district; or the board of trustees <br />if a regional water and sewer district. <br />"Local Subdivision" means any county, municipal corporation, township, sanitary district or regional water and sewer district <br />of the State. <br />"Participation Percentages" means the percentage of the total actual project costs that will be contributed by the OPWC, not to <br />exceed the maxhmrm dollar contribution of the OPWC identified in this Project Agreement, and the percentage of the total actual project <br />costs that will be contributed by the Recipient. Both of the percentages are identified in Appendix D. In the event that the total actual <br />project costs exceed the estimated project costs identified in Appendix D, the Local Subdivision Participation Percentage will increase <br />to reflect the cost overran, while the OPWC percentage contribution will decrease recognizing that there is a maximum dollar contribution <br />from the OPWC which is identified in this Project Agreement. <br />"Private Business Use" means use (directly or indirectly) in a trade or business or activity carried on by any Private Person (other <br />than a Tax - Exempt Organization) other than rise as a member of, and on the same basis as, the general public. <br />"Private Person" means any person, firm, entity or individual who or which is other than a "governmental unit" as that term is <br />used in Sections 141 and 148 of the Code. <br />"Project Manager" means the principal employee or agent of the Recipient having administrative authority over the Project <br />designated in Appendix B pursuant to Section 6 hereof, or authorized designee as per written notification to the Director. <br />"Reimbursing" means the use of funds granted to the Recipient pursuantto Section 164.14 of the Revised Code as reimbursement <br />to the Recipient for funds expended on the Project by the Recipient, and which did not in any way inflate costs of the Capital Improvement <br />Project. <br />"State" means the State of Ohio. <br />"Tax- Exempt Organization" means a "governmental unit," as such term is used in Sections 141 and 148 of the Code. <br />Any reference herehi to public boards, commissions, departments, institutions, agencies, bodies or entities shall include those <br />succeedingto their functions, duties or responsibilities by operation of law or who are lawfully performing their functions. Any reference <br />to a section or provision of the Constitution of the State, or to a section, provision or chapter of the Revised Code shall include such <br />section, provision or chapter as from time to time may have been duly amended, modified, supplemented or superseded. Words of the <br />masculine or feminine gender shall be deemed and construed to include correlative words ofthe feminine, masculine and neuter genders. <br />Unless the contextshall otherwise indicate, words importingthe singular number shall include the plural number, and vice versa. The terms <br />"hereof', "hereby ", "herein ", "hereto ", "hereunder" and similar terms refer to this Agreement and term "hereunder" means after, and the <br />term "heretofore" means before the effective date of this Agreement. <br />SECTION 2. Grant of Financial Assistance. Subject to the terms and conditions contained herein, the OPWC hereby grants to <br />the Recipient financial assistance not to exceed the amount, as set forth in Appendix Cofthis Agreement for the sole and express purpose <br />of paying or reimbursing the costs certified to the OPWC under this Agreement for the completion of the Project. <br />SECTION 3. Local Subdivision Contribution. The Recipient shall, at a minimum, contribute to the Project (the "Local <br />Subdivision Contribution ") the Local Subdivision Participation Percentage as set forth in Appendix D of this Agreement. The Local <br />Subdivision Contribution to the Project shall be for the sole and express purpose ofpaying or rennbursing the costs certified to the OPWC <br />under this Agreement for the completion of the Project as defined and described in Appendix A of this Agreement. <br />Page 3 <br />