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,SEP-12 96 THU-??
<br />? hAM.-?Cl?'Cl`?f?Cl'0'U'?"
<br />• ?.v .,?,
<br />(d) 'L'he Bc rrower shall fail to observe any of the covenants contained in Article VII her.in.
<br />Sec:::on 6.:1. Tt-e Director may terminate, suspend, pr require immediate repayment of
<br />finaricial ass:stance from the Borrower ia the event of a default due to ic-ailure to make any required
<br />payment, or due to any volation oEthe terms or conditions ofthis Agreement, or ofthe documents
<br />referred to ui Sectic n 3.2.(2)1 or of the Plan Approval for the Project Faci'.ities under Section 6111.44
<br />of the Ohii2 Revi;;ed Code. The Director may aiso prescribe corrective action, or direct that
<br />corrective &:tion be undertaken, to remedy the event or violation, and the Borrower agrees to
<br />perform such corrective action.
<br />Sect:on 6.4. Whenever an Event of Defauit of payment saall have occurred and be
<br />continuing, :n add tion t:D atty other tights or remedies provided herein, by law or otherwise, the
<br />State may:
<br />(a) 6.-c;lare the full amount of the then unpaid ProJect Particigation Principai Amount to be
<br />immediately Jue ar: d payabte;
<br />(b) 10 tne E xtent permitted under any judgment, consent order, or agreement affecting the
<br />Borrower, ;•,-.,quire the Borrower to agree to, and the Borrawer hereby agrees to, effect the
<br />subordinatioc of the paymsnt of any fine or penafties imposed for the viotation of any federal, state,
<br />or local envir:?ttmev- al law or regula:ion to the payment of the Eligible Project Costs and the interest
<br />due thereon.
<br />Sectii::n 6.5. No riL;ht or remedy eonferred upon the OWDA or the Director under Sections
<br />6.3 or 6.4 h,.-.reof i, intenied to be exclusive of any other right or temcdy given herein, by law, or
<br />otherwise, E ?.ch rig"it or remedy srlall be cumutative and shall be in addition to every other remedy
<br />given herein, by laa, or o:herwise.
<br />Secti,::n 6.6. The 3orrower releases thc State from, agrees that the State shafl not be liablc
<br />for, a,nd agr-:es ta lioid the State, its officers, employecs and agents harmless against, arry Ioss or
<br />damage to pr: perty, or any loss or injury to or death of any person, ot any other loss or damage, that
<br />may be occa;?'oned by any cause whatsoever pertaining to the Projeet Faciiities, ar the use thereof;
<br />provided that such indemnity nnder this Section 6.6 shall not be effective for damages that resclt
<br />from negligent or u:tenticnal acts of the State, its officers, employees and agents. The BorrowWr
<br />further agreei to ini emnify and hold harmless the State? its officers, employees and agents against
<br />and from any and al eost, Iiability, expenses and claims arising from any breach or default on the
<br />part of ths Bc:-rower in the performance of any covenant or agreement on the part of the Borrower
<br />to be perform: d pvrs lant to the terms of this Agrcement, arising from the acquisition, constructiort,
<br />installation, or impi ovem.:nt of the Project Facilities or arising from any act or negligence of or
<br />failure to act til the E orrower, or any of its agents, contractors, setvants, employees or licensees, or
<br />arisiag frarn viy acc dent, i,zjury or damage whatsoever caused to any person, firm, or corporatian
<br />resulting frorn the I roject Facilities (oi}ier than any accident, injury, or damage that results from
<br />negligent or ii.tentioia[ ac:s ofthe 5tate, its offcers, employees and agents), and from and againb-t
<br />al cost, liabili:.y and expenses incurred in or in connection with any such claim or action arbitration
<br />or proceedinE; brought the7-eon. ?
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