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Name of Recipient
<br /> Agreement No.: XX-XXX-550
<br /> Project No.: C-06-XXXX-XXX
<br /> "Rule 15c2-12(b)(5)" means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange
<br /> Commission pursuant to the Securities Exchange Act of 1934, as amended.
<br /> "State" means State of California.
<br /> "State Water Board" means the State Water Resources Control Board, an administrative and regulatory
<br /> agency of the State of California.
<br /> "System"means all wastewater, water recycling, and/or potable water collection, transport, treatment,
<br /> storage, and/or disposal facilities, including land and easements thereof, owned by the Recipient,
<br /> including the Project, and all other properties, structures or works hereafter acquired and constructed by
<br /> the Recipient and determined to be a part of the System, together with all additions, betterments,
<br /> extensions or improvements to such facilities, properties, structures, or works, or any part thereof
<br /> hereafter acquired and constructed.
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<br /> 1.2 Exhibits and Appendices Incorporated.
<br /> All exhibits and appendices to this Agreement, including any/ and supplements hereto, are
<br /> hereby incorporated herein and made a part of thissAgreement.
<br /> ARTICLE II REPRESENTATIONS, WARRANTIES„AND COMMITMENTS
<br /> The Recipient represents, warrants, and,comm`its_to the following as of the date set forth on the first page
<br /> hereof and continuing thereafter for the term of the Agreement.
<br /> 2.1 General Recipient Commitments. \.
<br /> The Recipient accepts-and agrees to comply with all terms,provisions, conditions, and commitments of
<br /> this Agreement, including all incorporated documents, and to fulfiliall.assurances, declarations,
<br /> representations, and commitments made by the Recipient in its application, accompanying documents,
<br /> and communications filed in.support of its-request for financial assistance.
<br /> 2.2 Authorization and Validity., % N )
<br /> The execution and delivery of\this Agreement, including all incorporated documents, has been
<br /> duly authorized. This Agreerhentconstitutes a valid and binding obligation of the Recipient,
<br /> enforceable'in accordance with`its terms, except as such enforcement may be limited by law.
<br /> 2.3 No Violations:,
<br /> The execution, delivery;and performance by Recipient of this Agreement, including all
<br /> incorporated documents, do riot violate any provision of any law or regulation in effect as of the
<br /> date set forth on the first page hereof, or result in any breach or default under any contract,
<br /> obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound
<br /> as of the date set forth on the first page hereof.
<br /> 2.4 Litigation.
<br /> There are no pending or, to Recipient's knowledge, threatened actions, claims, investigations,
<br /> suits, or proceedings before any governmental authority, court, or administrative agency which
<br /> affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the
<br /> Project other than as described in Exhibit I hereto.
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