8E Consent 2010 1220 - Laserfiche WebLink

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2.12 [not applicable] 2.13 Signage. The Contractor shall post project posters inside its city hall and by posting notice on its website until the Completion of Construction date specified in Exhibit A. For both posters and website notices, the Recipient (ABAG) shall ensure the inclusion of the relevant logos and statements required by Section 2.13 of the CWSRF Project Finance Agreement with ABAG for the Bay Area -Wide Trash Capture Demonstration Project, Agreement No. 09 -823 -550. ARTICLE III: [not applicable[ ARTICLE IV: MISCELLANEOUS PROVISIONS 4.1 Timeliness. TIME IS OF THE ESSENCE IN THIS AGREEMENT 4.2 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 4.3 Assignability. This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment. 4.4 [not applicable] 4.5 Compliance with Law, Regulations. etc. (a) The Contractor agrees that it will. at all times. comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Contractor agrees that, to the extent applicable, the Contractor will: (1) Comply with the provisions of the Categorical Exemption from California Environmental Quality Act requirements (I5302(c)) associated with the Bay Area -wide Trash Capture Demonstration Project, for the term of this Agreement; (2) Comply with the State Water Board's "Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities." as amended from time to time; and (3) Comply with and require its contractors and subcontractors to comply with the list of federal laws certified to by the Contractor. 4.6 Conflict of Interest. The Contractor certifies that it is in compliance with applicable state and /or federal conflict of interest laws. 4.7 Damages for Breach Affecting ARRA Compliance. (a) In the event that any breach of any of the provisions of this Agreement by the Contractor shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State Water Board or ABAG to reimburse the federal government by reason of any arbitrage profits, the Contractor shall immediately pay the State Water Board or ABAG, as the case may be, in an amount equal to any damages paid by or loss incurred by the state due to such breach. 16