Laserfiche WebLink
and requirements, including without limitation 40 U.S.C. §§ 3141–3144, 3146, and 3147 <br />(relating to Davis-Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. <br />§ 3914 (relating to American iron and steel products). <br />(ii)To ensure such compliance, the Borrower has included in all <br />contracts with respect to the Project (A) the contract clauses relating to the Davis-Bacon <br />Act requirements that are set forth in the Code of Federal Regulations, Title 29 Part 5.5 <br />and (B) requirements that its contractor(s) (1) shall comply with all applicable laws, rules, <br />regulations, and requirements set forth in this Section 12(j) and follow applicable federal <br />guidance and (2) incorporate in all subcontracts (and cause all subcontractors to include in <br />lower tier subcontracts) such terms and conditions as are required to be incorporated therein <br />by any applicable laws, rules, regulations and requirements set forth in this Section 12(j) <br />(including without limitation with respect to the Davis-Bacon Act requirements). <br />(iii)No notices of violation of any applicable law have been issued, <br />entered or received by the Borrower or, to the Borrower’s knowledge and solely in respect <br />of the Project or any Principal Project Contract, any Principal Project Party, other than, in <br />each case, notices of violations that are immaterial. <br />(iv)None of the Borrower nor, to the knowledge of the Borrower, any <br />Principal Project Party, is (A) a Sanctioned Person or (B) in violation of or, since the date <br />that is five (5) years prior to the Effective Date, has violated: (1) any applicable Anti- <br />Money Laundering Laws; (2) any applicable Sanctions; (3) any applicable Anti-Corruption <br />Laws; or (4) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, <br />civil or criminal. There are no pending or, to the knowledge of the Borrower, threatened <br />claims or investigations by any Governmental Authority against, or any internal <br />investigations conducted by, the Borrower or any Principal Project Party, with respect to <br />any possible or alleged violations of any Sanctions, Anti-Money Laundering Laws, Anti- <br />Corruption Laws, or any anti-drug trafficking or anti-terrorism laws. No use of proceeds <br />of the WIFIA Loan or any other transaction contemplated by this Agreement or any other <br />Related Document will violate any applicable Sanctions, Anti-Money Laundering Laws, <br />or Anti-Corruption Laws, or any applicable anti-drug trafficking or anti-terrorism laws. <br />(k)Credit Ratings. The WIFIA Loan and the Bonds then Outstanding have <br />received a public Investment Grade Rating from at least two (2) Nationally Recognized Rating <br />Agencies, written evidence of such ratings has been provided to the WIFIA Lender prior to the <br />Effective Date, and no such rating has been reduced, withdrawn or suspended as of the Effective <br />Date. <br />(l)No Defaults. No Default or Event of Default, and no default or event of <br />default by the Borrower under any other Related Document (excluding Principal Project <br />Contracts), has occurred and is continuing. <br />(m)Governmental Approvals. All Governmental Approvals required as of the <br />Effective Date and any subsequent date on which this representation is made (or deemed made) <br />for the undertaking and completion by the Borrower of the Project, and for the operation and <br />management thereof, have been obtained or effected and are in full force and effect and there is no <br />32 <br /> <br />