Laserfiche WebLink
15 <br /> 4.15 Suspension and Debarment <br /> The BORROWER certifies it is not presently suspended or debarred from receiving federal funds.The <br /> BORROWER has satisfactorily completed the EPA Certification contained in Attachment V: Certification <br /> Regarding Debarment, Suspension,and Other Responsibility Matters. <br /> Pursuant to 40CRF32.110,the BORROWER shall require all contractors,subcontractors,engineers,vendors and <br /> any other entity receiving contracts for work listed in ATTACHMENT I, SCOPE OF WORK, to certify that the <br /> federal government has not suspended or debarred them from receiving federal funds. Suspension and <br /> debarment certification forms are available upon request from the BOARD. <br /> The BORROWER agrees to keep debarment and suspension documentation on file in project records. <br /> 4.16 No Waiver <br /> Waiver of any covenant,term,or condition of this Agreement by any party shall not be deemed a waiver of any <br /> subsequent breach of the same covenant,term,or condition. No waiver of any default or breach by any party <br /> _ shall be implied from any failure to take action upon such default or breach,if the default of breach persists or <br /> repeats. <br /> 4.17 Recordkeeping and Access to Records <br /> The BOARD, the BOARD's agents,and duly authorized officials of the state and federal governments shall have <br /> full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and <br /> books of the BORROWER and of persons, firms, or organizations with which the BORROWER may contract, <br /> involving transactions related to this project and this Agreement. <br /> The BORROWER agrees to retain these records for a period of six years from the date that the debt is retired. <br /> This includes but is not limited to financial reports. If any litigation, claim or audit is started before the <br /> expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit findings <br /> involving the records have been resolved. <br /> 4.18 Reports <br /> The BORROWER,at such times and on such forms as the BOARD may require, shall furnish the BOARD with <br /> such periodic reports as it may request pertaining to the activities undertaken pursuant to this Agreement <br /> including, but not limited to, quarterly progress reports, MWBE status, the Close-out Report, and any other <br /> matters covered by this Agreement. Failure to file periodic reports as requested may result in termination of this <br /> agreement as per Section 4.22. <br /> 4.19 BOARD is Acting Only as Lender <br /> It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives <br /> no right to any other party. The BORROWER agrees that the BOARD is acting only as lender and is not <br /> directing or controlling its business as a manager,partner,owner,principal,or any other capacity. It is <br /> understood and agreed that no joint venture or partnership is formed as a result of this Agreement. <br /> 81 <br /> Page 7 <br /> SRF Loan Agreement <br /> Municipal Systems <br />