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i r <br />4 1 ' Y <br />c. The BORROWER warrants that it has not employed or retained any company or <br />person, other than its legal counsel, financial advisor or bona fide employees <br />working solely for the BoRROwER, to solicit or secure this Contract and has not paid <br />or agreed to pay any person, company, corporation, individual, or firm, other than <br />its legal counsel, financial advisor or bona fide employees, any fee, commission, <br />percentage, gift, or other consideration contingent upon or resulting from the award <br />or the making of this Contract. <br />d. The BoRROwER warrants that the Pledged Revenues and collateral for this loan <br />are not encumbered by any liens other than the Loatv and the obligations identified <br />in Factual Recital 7 herein, which sets forth the position of the lien created by this <br />Contract in relation to any existing lien(s). <br />e. Return of Inadvertently Disbursed Loan Funds. Any loan funds inadvertently <br />disbursed by the CWCB but not expended for the PRO�ECT in accordance with the <br />terms of this Contract shall be remitted to the CWCB within 30 calendar days from <br />notification from the CWCB of either (1) completion of the PRO�EC�' or (2) <br />determination by the CWCB that the PRO�ECT will not be completed. <br />12. Default. Events that constitute a default are described in Section 8.01 of the General <br />Ordinance (Appendix 3). <br />13. Remedies For Default. Upon default in the payments to be made by the BoRROwER <br />under this Contract, or default in the performance of any covenant or agreement <br />contained herein, the CWCB, at its option, may: <br />a. suspend the right to loan disbursements and withhold further loan disbursements <br />pending corrective action by the BoRROwER, and if the BoRROwER does not cure the <br />default as provided for below, permanently cease loan disbursements and proceed <br />with repayment of the Loan; <br />b. exercise its right under this Contract and the Promissory Note in the manner and <br />according to the procedure provided in Article 8 of the General Ordinance (Appendix <br />3). <br />c. Procedure for suspension of the contract. The CWCB shall provide written <br />notice to the BoRROwER of any such default and suspension and shall give the <br />BoRROwER an opportunity to cure within sixty (60) days of receipt of such notice. If, <br />within sixty (60) days of written notice of suspension of disbursements the Borrower <br />has made no effort to cure the default, the suspension shall be deemed final and <br />the CWCB shall deem the Project substantially complete. <br />14. OPERATION OF PROJECT. ThG' BORROWER Shall, without expense or legal liability to the <br />CWCB, manage, operate and maintain the PRO�ECT as a part of the System in the <br />manner required by the General Ordinance and Section 6.09 thereof. <br />15. BORROWER's Liability Insurance. <br />Loan Contract C150243 <br />Page 6 of 15 <br />