83-110 Ordinance - Laserfiche WebLink

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? ? thereof and to enforce and protect the rights of the Issuer thereunder, including actions at law and in equity, as may be appropriate. (h) Arbitrage Provisions. The Issuer hereby covenants that it will restrict the use of the proceeds of the Project Bonds in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of the delivery of and payment for the Project Bonds, so that the Project Bonds will not constitute arbi- trage bonds under Section 103 (c) of the Code and the appli- cable income tax regulations under that Section. The Fiscal Officer or any other officer having responsibility for issu- ing the Project Bonds is authorized and directed, alone or in conjunction with any of the foregoing or with any other officer, employee, consultant or agent of the Issuer, or with the Company or any partner, employee, consultant or agent of the Company, to give an appropriate certificate of the Issuer, for inclusion in the transcript of proceedings for the Project Bonds, setting forth the reasonable expecta- tions of the Issuer regarding the amount and use of the proceeds of the Project Bonds and the facts and estimates on which they are ba§ed, such certificate to be premised on the reasonable expectations and the facts and estimates on which they are based as provided by the Cvmpany, all as of the date of delivery of and payment for the Project Bonds. (i) Transcript of Proceedin s. The Clerk of the Legislative A:uthority, or other appropriate officer of the Issuer, shall furnish to the Bondholders a true transcript of proceedings, certified by said Clerk or officer, of all proceedings had with reference to the issuance of the Proj- ect Bonds along with such information from the records as is necessary to,determine the regularity and validity of the issuance of the Project Bonds. (j) Prevailiny Wage Rates. As provided in Section 165.031 of the Ohio Revised Code, all wages paid to la- borers and mechanics employed on the Project shall be paid at the prevailing rates of wages for laborers and mechanics for the class of work called for by the Project, which wages shall be determined in accordance with the requirements of Chapter 4115 of the Ohio Revised Code for determination of pre vailing wage rates, provided that should the Company or other non-public user undertake, as part of the Project, construction to be performed by the Company's regular bar- gaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to issue the Project Bonds then, in that e vent, the rate of pay provided 18