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<br />benefits earned; all deductions and the net pay for the pay <br />period. <br />(C) To the extent required by Sections 165.031 and 4115.032, Ohio Revised Code, the <br />Borrower shall comply, and sha11 require compliance by all contractors or subcontractors working <br />on the Project, with all applicable requirements of Sections 4115.03 through 4115.16, Ohio Revised <br />Code, and Ohio Bureau of Employment Services Rules 4101:9-4-02 through 4101:9-4-28 <br />including, without limitation: <br />(i) Obtaining from the Ohio Bureau of Employment Services its <br />determination of the prevailing rates of wages to be paid for all <br />classes of work called for by the Project and any revisions <br />thereto. <br />(ii) Posting in a prominent and accessible place on the Project site a <br />legible statement of the applicable schedules of wage rates. <br />(iii) Ensuring that all contractors and subcontractors receive <br />notification of changes in prevailing wage rates as required <br />under Section 4115.05, Ohio Revised Code. <br />(iv) Providing written notification to each employee not covered by <br />a collective bargaining agreement which contains the <br />information set forth in Ohio Bureau of Employment Services <br />Rule 4101:9-4-13(A)(7). <br />(D) Concurrently with issuance of the Bonds and at such times as the Issuer requests, <br />the Borrower shall be required to provide the Issuer with evidence, satisfactory to the Issuer, that <br />there has been compliance with the foregoing agreements. Upon completion of the Project, the <br />Borrower shall provide a sworn affidavit of compliance from each contractor or subcontractor. <br />(E) None of the requirements of this Section 3 shall be applicable to the Borrower <br />unless the Bonds shall be issued. <br />4. In order to induce the Issuer to execute and deliver this Agreement and ultimately to <br />issue the Bonds, the Borrower hereby represents and agrees: <br />(A) The acquisition, construction, equipping and improving of the <br />Project was not commenced more than 60 days prior to the date <br />hereof. <br />(B) The provision of the assistance to be provided under this <br />Agreement and the commitments therefor made by the Issuer (i) <br />have induced the Borrower to locate within the boundaries of <br />the Issuer that business of the Borrower to be conducted by use <br />of the Project and (ii) will create jobs and employment <br />opporh.uiities within the Issuer. <br />5. The Borrower agrees to defend, indemnify and hold the Issuer and any and all <br />officials thereof harmless against any and all loss, cost, expense, claims or actions arising out of or <br />connected with the execution of this Agreement and the consummation of the transactions provided <br />for herein and contemplated hereunder, including, without limitation, (i) the reasonable fees and <br />expenses of bond counsel and Issuer's counsel and all other expenses relating to the preparation of <br />proceedings for, and the issuance, sale or delivery of, the Bonds and (ii) if the Bonds are issued, any <br />-3- <br />?.??,