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�o��o7E3� <br />ART�CLE IX <br />ASSET MANAGEMENT <br />Section 9.1. Asset Mana er <br />(a) The Authority shall be the Asset Manager of the Project �or purposes of the <br />Recovery Act, unless a third-party Asset Manager shall have been designated by the Authority <br />upon the execution of this A�reement. <br />(b) The Authority znay appoint a third-party Asset Manag�r at any time to perfonn its <br />Asset Management duties hereunder and shall provid� the Owner with written notice of any such <br />notice. <br />Section 9.Z. Asset Mana�emeant Duties <br />The Asset Manag�r will provide the following services to the Project: <br />(a) Revievv the use af the proceeds of the Subaward to ensure such proceeds <br />are being spent anly in accordance with the requir�ments of this Agreement, in <br />particular and without lirnitation, Articl� N hereof, and with the Program <br />Requiren7ents; <br />(b) Review and report to the Authority no less than quarterly an the pragress <br />of construction of the Project, its compliance with the Construction/Dxaw <br />Schedule, the Plans and Specifications, and the Budget, and any changes to <br />anticipated sources and uses, or ather rnatters which, in the judg�nent of the Asset <br />Manager, may adversely affect the ability af the Qwner to complete the <br />constructian of the Project by the Construction Cornpletion Date; <br />(c) Review all �nancial status reports requrred ta be delivered pursuant to <br />Section S.l of this Agreement; <br />(d) Review all cornpliance rnonrtoring reports required ta be delivered <br />pursuant ta Section 8.2 of this Agreement; and <br />(e) Other duties as required by the Treasury. <br />Section 9,3. Asset Mana ement Fee <br />In consideration of the services and abligatrons of the Asset Manager hereunder, <br />the Or�vner hereby agrees to pay to the Authority a fee in the amount af $14,968, representing the <br />estimated actual casts of the Authority in connection with the following: (a) the costs of the <br />Authority in establishing and docurnenting the asset managernent regime for the Subaward; (b) <br />the costs of monitoring the cnnstruction process and approving disbursements of Section 1602 <br />Program Funds; (c) the costs of monitoring the operations, finances and campliance of the <br />�wner throughout the Compliance Period for purposes af the Recovery Act; and (d) other actual <br />costs of the Authority related to the asset managernent requirernents under the Recov�ry Act <br />pursuant ta this Agreement. <br />- 1'7 - <br />4846-6923-1367.3 <br />