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UCI ??,. <br />? <br />?• ----?l ?; ?°?" <br />. . , 4 .,? <br />' • . . . <br />For purposes (-fthis Agreement, "governmental unit" meatis a potitical subdivision within <br />the Unit :.d Stat.-s, including any political subdivision within the Sta.e of Qhio, but does not <br />mean th+: Unite 3 States or any af its governmental branches, departmen#5 ur agencies. <br />Ifthere iF ar.y qjestion about the application of the foregoing restrictions relating to private <br />busines. uses tor lowis, the Borrower agrees ta immediately write the OWDA requesting <br />assistance pric r to entering into any agreement which may be prohibited as provided <br />hereinat )ve. <br />(u) Th: Borrower shail not reloan, directty or indirectly, any portion of the amounts <br />advanced to it trlder tlus Agreement to any person; <br />(d) Th,,; to a: sure that the OWDA Bonds will not be or become "arbitrage bonds" within <br />the meamng of !9 eWon 148 ofthe Inter:W Revenue Code af 1986, as amended, the Borrawer, except <br />upon the prior ?;rritten consent of the OWDA, shall not create or permit ta exist any fund pledged <br />to, or express'y rese rved exctusive y for, the payment of amounts payabie by the Borcower <br />hereunder. <br />Sectian 7.2. T ie OV1DA shall not be required to, and sha11 not, consent to any action by the <br />Borrower refe: red tc itt Section 7.1 unless it first shall have received an opinion of nationally <br />recognized bo;,,d counsel to the effect that the consummation of the trensaction or transactions <br />eontemplated t ? such action will nat adversely affect the tax-exempt stat?:s of the OWDA bonds. <br />Section 7.3. lf the Borrower shaI1 have any question abaut the appiication af Section 7.1., <br />in the particuh_ - circumstances faced by it at any time during the term of this Agreement, it shall <br />immediateIy inf: rm thE OWDA of the circumstances and request the OWDA's assistance to resolve <br />arry such questi;,ns, to the end that the tax-exempt status af the OWDA Bonds and of the OWDA's <br />bonds would bs; prese rved. <br />.%RTI#:LE V1II - MISCELLANEOUS PROVISIONS <br />Sectio;: 8.1. Any invoice, accounting, demand, or other cemmurication under this <br />Agrecment by any par.y to t!us Agreement to any other party shall be sufficiently given or delivered <br />if it is dispatc'aed b!? regiMered dr eertified mail, postage prepaid, return receipt requested, or <br />delivered perscna'1y, 3nd <br />(a) in the cas : of tYe OWDA, is addressed to or delivered personally to the OWDA at: <br />The O'?io Water Development Authority <br />88 Ea:t Broa i Streat - Suite 1300 <br />Colurr?,us, O uo 43215-3516 <br />Attn: C:xecutive Director <br />- anJ - <br />18