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202403937 <br />additional reporting requirements upon the Authority and or upon recipients of Loans and agrees <br />to comply with all such requirements on a timely and complete basis. <br />(c) The Owner shall submit to the Authority any compliance reports that the Authority <br />deems necessary to comply with the ARPA Program requirements, as the same may be amended <br />from time to time. <br />(d) In the event the Owner fails to submit to the Authority in a timely and satisfactory <br />manner any report required by this Agreement, the Authority may, in its sole discretion, withhold <br />any or all disbursements otherwise due or requested by the Owner hereunder until such time as the <br />Owner fully cures or performs any and all delinquent reporting obligations. <br />(e) The Authority reserves the right to carryout regular and periodic field inspections <br />to ensure compliance with the ARPA Program requirements and this Agreement. <br />Beginning after January 1, 2027, no later than ninety (90) days following the end of each <br />fiscal year, the Owner shall submit to the Authority an accountant's report detailing the Owner's <br />prior year cash flow calculation and distributions there from. <br />ARTICLE VI <br />MISCELLANEOUS <br />6.1 Covenants Run With the Land; Successors Bound. This Agreement shall be <br />recorded in the real property records of the county where the Project is located. This Agreement <br />shall run with the land and bind Owner and its successors and assigns and all subsequent owners <br />of the Project and all holders of any other interest therein. <br />6.2 Reliance by Authority. Owner hereby agrees that Owner's representations and <br />covenants set forth herein may be relied upon by the Authority. The Authority may conclusively <br />rely upon statements, certificates, and other information provided by Owner, and upon audits of <br />the books and records of Owner or the Project. <br />6.3 Release. Owner hereby releases the Authority from any claim, loss, demand, or <br />judgment arising out of this Agreement, the making of the Loan, or the exercise in good faith by <br />the Authority of any rights or remedies granted to the Authority under this Agreement. <br />6.4 Amendment. This Agreement shall not be amended, revised, or terminated prior to <br />the termination of the covenants, representations, and restrictions provided for herein except by an <br />instrument in writing duly executed by the Authority and Owner or their respective successors or <br />assigns and duly recorded. <br />6.5 Uniformity. The provisions of this Agreement shall apply uniformly to the Project. <br />6.6 Notices. All notices to be given pursuant to this Agreement shall be in writing and <br />shall be deemed given when mailed by certified or registered mail, return receipt requested, to the <br />parties hereto at the addresses set forth in the preamble, or to such other place as a party may from <br />time to time designate in writing. <br />4880-0752-8835.3 <br />