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<br />In the cvent t,at the Borrower fails to make a full Semi-AruiuN Pa.yment as provided herein,
<br />tlie amount of any ?;vch partial payment first shall be applied as itrtec-est on the loan, with the
<br />remainder beii:g app,ied toward thc payment ofthe outsianding principal.
<br />ti'Vith respeci to this Agreement, neither the general resources nar the generat credit of the
<br />$orrower shall be i•equired to be used, ar pledged for the perfarmanr,e of any duty under this
<br />Agreement. This A greement does nut repcesent or constitute a debt ar a piedge of the faith and
<br />credit of the 'Borsav,•er. ETowever, if otherwise lawful, nothing herein shall be deemed ta prolubit
<br />the Borrower iro:n Lsing, of its own volition, any of its general resource3 for the fulfillment of any
<br />of the terms ar.d con1idon;; of this A.greement.
<br />Section 4 2. It is agreed that, no later than the fifteenth day of June, and December, the
<br />OWDA shal,I u:voice the BoROwer for the sum owing by the Borrower pursuant to Section 4.1. and
<br />that payment of each such invoice shail be made by the Borrower to the OWDA not later than the
<br />first day of th.- fc1lowing July or January. Na failure by the OWpA to send a.ny such invoice and
<br />no failure by tfio Borrc>wer to receive ar,y such invoice shall relieve the Bot7ower from its obligation
<br />to pay the amcun+ dLe herfunder on the applicable due date.
<br />Section 4_3. 'The Borrower hereby agrees:
<br />(a) Th:.t it vvfl' at aI( times presi:ribe and charge such rates, after meeting: (1) operation and
<br />maintenattce 09erases therefore, and, (2) if required by the Director pursu,-tnt to Ohio Revised Code
<br />Section 6111.036, a cantribution to th•: Borrowees Capital Improve_nents Fund and, (3) the payment
<br />of all amounls reqv?red by any Mortgags, Indenture of Mortgage, Trust Indenture or other
<br />irtsttument here::ofore or hereatter grznted by the Borrower, or contractual obligations between the
<br />Borrower and the Stfl!te, payable solely from Plcdged Revenucs, as shall result in revenues at Ieast
<br />adequate, to provide for the payments required by Section 4.1. rereof niinus the amount of such
<br />payment provi led frc m other DedicGtFd Repayment Sources, if any, and
<br />(b) Th,-a the Borrawer wilL for the Contract Period of Years, furnish annuaIly to the State
<br />reports of the operatio_i and :ncome ofthe Project FacHities and also an anrnial report of the accounts
<br />and opErations of th ;%. Project Facilities and such other docume:?ts as the State may reasonably
<br />request in ordr to ri,",sponci to requests for documentation from rating agencies or providers or
<br />potential provicim of c,?redit cnhancement for debt obligations of the OWD A, and the Borrower wi11
<br />permit the des:gnateci repm,,sentative of the State to inspect aJl records, accounts and data of the
<br />Project Faciliti ;:s at ali reasonable tirr_es, and
<br />(c) Ttiat the Borrower will segregate the revenues, funds and praperties of the Project
<br />Fa::,iiities from FJl othtr funds and prnperties of the Borrower.
<br />Ali oftlie obligations underthis Section are hereby establish2d as duties specifically enjoined
<br />by law and resLAing fr om ar office, trust or statian upan the Borrawer within the meaning of Ohio
<br />Revised Code 3 ecaior_, 2731.a1.
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