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<br />(1) E.:cept as otherwise provided in this Agreement, the Sorroyver shall have the sale and
<br />exclusive charge of -Al desaits of the construction of the Project Facilitie;s.
<br />Sectic,-i 3.3. T'he BoROwer shall keep accurate records of the Eligibte Project Costs. These
<br />records musi. be kept in aecordance with Generally Accepted Covernrr..ent Accounting St$ndards
<br />(GAGAS). The Bor_nwer shal! pennit the State, acting by or throf,tgh its destgnated representatives,
<br />to inspect all I:.ooks, documents, papers and records relating ther-no at ajly and aU reasonable times
<br />for the purp:, se of ,,aid audit and eaaminatian, which examination may include examination for
<br />eompliance wiFh the C WA and Ohio Revised Code Section 6111.036, and the Boaower shall submit
<br />ta the State such documents and info;mation as they may require in comlection therewith.
<br />Sectian 3.4. The Borcower shail require that each constructior contractor shall furnish a
<br />performance and payment bond in an amount at least equal to 100 percent of its contract price 1s
<br />security for t,ie faith ul pe.rformance of its contract.
<br />Sectian 3.5, The Borrower shall require that each of its contrac:ors and all subcontractors
<br />maintain durir. ? the lil e of its contract, Workers' Compensation Insurance, Public Liability, Property
<br />Darnage, Ve}, : cIe Lisibility Insurance, and F{ood Insurance if appropriate, in amounts arid on terms
<br />satisfactory ts; the State. Untii the Pro}ect Facilities are completed and accepted by the Borrower,
<br />the Borrowe:- or (at the option of the Borrower) the contrac.-tor shal maintain 8uilders Risk
<br />Insurance (f re end extended coverage) on a 100 percent basis (com>>leted value farm) on ti:e
<br />insurable portion of the Praject Facilities for the benefit of the Dir•ector, the OWDA, the Sorrower,
<br />the prime cor..ractor, and aff subcontractors, as their respective L-iterests may appear.
<br />S@rCi1GI13.6. The BDrrower shall provide_and maintain coinpetent and adequate engineering
<br />secviccs; said :;arvices covering the supecvision and inspection of the deve'lopment and construction
<br />of the Proje,:t Faci:ities in accordance with the specific terms and conditions of each of the
<br />foliowing; tl; - appr3ved ptoject facilities plan, the Finding of No Significant Impact, and the
<br />approved prolect de:ailed plans and specifications, or State apprnved amendments thereto.
<br />Sectic,n 33, Subj.-ct to the terms and conditions of this Agreement, the approvai of the
<br />Director, and 'Lipon compiiance by the Borrower with aIl the requiremenn of the WPCLF, the Ohio
<br />Revised CodE: Secticn 6111.036, ard the CWA, which must be met befc?re receiving disbvrsement
<br />af Eligible Pr)je ct Costs from the OWDA, the Eligfble Project Costs shall be disbursed by the
<br />OWDA. In t':e ever:t this Agreement is terminated by the State pursuant to, and not in breach of,
<br />the provisior_:, of th:s Agreement, ar by subsequent agreement of the parties, or in the event this
<br />Agreement is :ermin,xted by the Borrower, whether or not in breach di tac Agreement, the Projeot
<br />participation Principal Aniount disbursed shall be due and payable in fuil no later than thirty (30)
<br />calendar days :$er said ternvnation, or, at the State's option, upon terms mutualty agreed to be:ween
<br />the State and the Bo,-rowcr.
<br />Section 3.8, Upor being satisfied that the requirements of this Agreement have been met,
<br />the OWDA :.'nail dc-liver to the Borrower a certificate, signed by the trustee for the WPCLF
<br />(hereinafte,r re::-.rred to as the "Tcustee", which has entered into a Trust Agreement with the Director
<br />and the .01NDA to provic`e for the administration of the WPCLF), certifying that monies in the
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