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City of San Leandro <br /> Agreement No.: 11- 806 -550 <br /> • Project No.: C -06- 7002 -110 <br /> "Agreement" means the Project Finance Agreement, dated as of the date set forth on the first page <br /> hereof, by and between the State Water Board and the Recipient, including all exhibits and attachments <br /> thereto. <br /> "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to <br /> help defray the planning, design, and construction engineering and administration costs of the <br /> Project. <br /> "Authorized Representative" means the Mayor of a City, the Chairperson of the County Board of <br /> Supervisors, the Chairperson of the Board of Directors of the Recipient, or another duly appointed <br /> representative. For all authorized representatives, a certified original of the authorizing resolution that <br /> designates the authorized representative, by title, must accompany the first payment request, and <br /> any other documents or requests required or allowed under this Agreement. <br /> "Bank" means the California Infrastructure and Economic Development Bank. <br /> "Bonds" means any series of bonds issued by the Bank all or a portion of the proceeds of which may <br /> be applied to fund the Project in whole or in part or that are secured in whole or in part by Installment <br /> Payments paid hereunder. <br /> "Code" means the Internal Revenue Code of 1986, as amended, and any successor provisions and <br /> the regulations of the U.S. Department of the Treasury promulgated thereunder. <br /> "Completion of Construction" means the date, as determined by the Division after consultation with <br /> the Recipient, that the work of building and erection of the Project is substantially complete. <br /> "Construction" includes, for the purposes of expanded use projects, implementation (but not planning <br /> or design). <br /> "CWSRF" means Clean Water State Revolving Fund. <br /> "Division" means the Division of Financial Assistance of the State Water Board, or any other segment <br /> of the State Water Board authorized to administer the CWSRF. <br /> "Enterprise Fund° means the enterprise fund of the Recipient in which System Revenues are deposited. <br /> "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any <br /> other annual period hereafter selected and designated by the Recipient as its Fiscal Year in <br /> accordance with applicable law. <br /> "Force Account" means the use of the Recipient's own employees or equipment for construction of <br /> the Project. <br /> "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, <br /> or, if notice to proceed is not required, the date of commencement of building and erection of the <br /> Project, or, for expanded use projects, any implementation other than planning or design. <br /> "Installment Payments" means Installment Payments due and payable by the Recipient to the State <br /> Water Board under this Agreement to repay the Project Costs, the amounts of which are set forth as <br /> Exhibit C hereto. <br /> "Material Event" means any of the following events: (a) revenue shortfalls; (b) unscheduled draws on <br /> the reserve fund or the Enterprise Fund; (c) substitution of insurers, or their failure to perform; (d) <br /> adverse water quality findings by the Regional Water Quality Control Board; (e) litigation related to <br /> the System Revenues or to the Project , whether pending or anticipated. <br /> 2 <br /> IDI°m,_,O <br />