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_.r"9 X-..9 u,. .uu u U ?,?? .. .. .?...?? <br />. . ,?,. <br />Sectioa 4.4. If the Bonower pays all or any portion of the Semi-Annual Payment from <br />Special Asse;:=ent Funds, and if any payar of the Special Assessmerlt Funds etects to pay the <br />speciai assescments in a one-time, lump-sum payment in lieu of havirg the specia[ assessments <br />cwrtified to tl? ? appr:)priate county auditor for periodic eollection, thert the Borrower may eiect to <br />apply the sma ?nt of , uch payment to the reduction of the Project Particip 3tion Principa! Amount by <br />including thEt amo:lnt with its next Semi-Annual Payment pursusnt to Section 4.1. hereot <br />accompanied by a m-ritten natice to the State identii'ying the amount so inctuded and directing the <br />State so to a;aply tf at.amount. Upen the receipt of such payment anct notice, the OWDA shall <br />recompute tha rem?;iung Semi-Annuai payments b$sed on the reduced Project Participatian <br />Principa! Amc:ant, ani the OWDA shal( notify the Borrower in writing of the reduced amount of the <br />remaining Serri-Anttiat Paymettts. <br />Sectic_? 4.5. The Borrower agrees to provide financing for all nQn-Eligible Project Costs_ <br />As a pretimina.y indication of that crmmitment, the Borrower has provided evidence that financing <br />is readiIy avai able !'or all non-Eligibie Project Costs which will be or may be incurred by th-w- <br />Borrower in eonnect'on with construction of the Project Facilities. <br />Sectiaz: 4.6. 'i'he Bprrower agms that, in the event the Bo -rower ar its contractors receives <br />WPCLF mor.cys in excess of the Eligible Project Costs, the F,orrowEr shall repay said ercess <br />moneys to the WPCI.F at the time af the first Semi-Annual Payrr.ent, or as otherwisc agreed to by <br />the Borrower ;,nd the State. <br />Sectiosi 4.7. Ia order to enable the State to comply with the Tequirements of federal securities <br />laws (including, withoat limitation, Rute l Ob-S and Ru1e l 5c2-12 promulgated by the Seee,rities and <br />Exchange Cof7mission under the Securities Exchange Act of 1434, as amended), the Borrowcr <br />agrees to prepue anc' fiIe vAth the State or, at the direction of the State, to file with the Municipal <br />Securities Ruleinaicing Board ("MSRB"), arry one or mare nationaily recogiized municipal securi#ies <br />ini'ormation repmitorif.s ("NLtMSIIts") or state information depository ("S:m"), any annual financia? <br />information or materal events discicsures that the State may determine it requires to achieve such <br />campliance. 'Che WrrowE:r consents to the State's incorporatio.-a by reference into State afiicia'. <br />statements or ether St;::ts fil;ngs with the MSRB, any NluVISIR, or any SID of any officiai statements <br />or portions th.vreof, i'inancial statements, or other documents that the Berrower may have filed or <br />may file with tt:e MSR B, any NRIVISIR, or any SID. In the event the Borrower fails to prepare any <br />financial statemtmt or ather financial information that this Section requires the Borrower to prepare <br />and fiie with c-r at tho. direc-tion of the State, then the State shall have the right (in addition to any <br />other rights it may hav; to er,force the obligations of the Borrower hereunder) to inspect alI records, <br />accounts and wata of the System an.9 cause the preparation of the required financiai statement or <br />information an;] to employ such professionals as it may reasanably reqvire for that purpose, and to <br />be reimbursed fi-om an.y available Pledged Revenues for the casts of its doing so. This Section shall <br />nat be constiv?:3 to li; nit the generatity of Section 4_3 hereof. <br />11