96-043 Resolution - Laserfiche WebLink

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.. .w..,., t', i U • ? Se:c.-ti:: n 3.11. The Borrowcr sholl be in conformancc with the requirements of Section 3.10. above and in ;,ompl:ance with the foliowing: (a) Ey the drnc 50"/0 of the Eligble Project Costs to be reimbursed by WpCLF moneys have been disbursi:d by OWDA, the 8orrower must demonstrate, to the satisfaction of the State, that it has completed the requirements of pzragraph (a) of Sectian 3.10. above. (b) Yo lateG• than one year after Initiation of Operation, the Borrower shatl complete all activities and dacurnents provided in the O&M Pragram Plan a.7d participate in a final evaluation meeting. (c) At an}, time during the effective period of this Agreernent, the 8orrower must demonstrate, ta the satisfaction of the State, tha.t it is in eorr.pliance with the requirements of paragcaphs (c ! and (e) of Soction 3.10. above, as the compliattce retates to construction of the Projec;t Facilities. Except as re'ated to paragraphs (c) and (d) of Section 3.10. above, upon the failure of tre Borrower to compl;1 with the provisions of Section 3.10 and 3.11 herein as determined by tre Director, the OWDA shall emplay corr.suiting engineecs or other qualifiec personnel to perform any services nece:;sary fcr the implemer:tation of such requirements. AIt co.;ts incurred by the OWbA in the empIo;,-ment of said personnel will be included in the Eli;;ib[e Project Costs of the Project Facilities. Addition.ally, during the period of non-compliance with ariy of the requirements, the Borrower shall be prectuded from subnutting payment requests as noted in paragraph (k) of Section 3.2. above anc the State shall not be o6ligated to approve such requests during such period of nor,- compliance. ARTICLE IV - PAYIIOENTS 8Y BORROWER Section 4. l. Subject to the further provisions hereinafter set forth, the Borrower agrees to and shall pay at the time of the execution of this Agreement the Application Fce and thereafter, semi-annually on Jancary 1, and July 1 of each year of the Contract Periori of Years to the WPCLF, the Semi-Anr::al Payment, solely from the Ptedged Revenues. The o:;ligatio, of the Borrower to pay the charges set forth in this Section 4.1 shail not be assignable, ar.d tl:e Eorrower shall r_ot be discharged therefrom, without the prior written consent of the State. In the event that constniction or operation of the Project 1?acilities shall cease or be suspended for any reasoq anless otherwise agreed to in writing by the Statc, the Borrower shall continue to be obUgat?A to pay such c'.larges pursuant to this Section 4.1. Itt the event the Borrower defaults in the payme:it af the Semi-Annual Payment, the amaunt af such default shall bear interest at the Default Rate from the date c-f the default until the date of the pa.yment thereof. All costs incurred by thi: State in curing such default including, but not limited to, court costs and attorney's fees shall be p4id by tt;e Borrower upon demand, and shal[ not be eligible for inciusion in a WPCLF Loan Agreem:-it. 9