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2 <br />1.02 Material Representations. The Lendee agrees that all representations contained in <br />its application for loan assistance are material representations of fact upon which the Council <br />relied in awarding this loan and are incorporated in this agreement by reference. <br />1.03 Lendee Certification. Lendee certifies that the loan funds to be distributed pursuant <br />to this agreement will be applied to the purposes stated in this agreement and that the Loan <br />Project is cost effective. <br />1.04 Governing Body Resolution. Lendee will provide the Council with a copy of a <br />resolution by its governing body which authorizes the Lendee to enter into this agreement. <br />IL AUTHORIZED USE OF LOAN PROCEEDS AND MATCHING FUNDS <br />2.01 Authorized Uses. The Lendee is authorized to use the loan funds only in payment <br />of the line item costs specified in Exhibit B, which is attached to and incorporated in this <br />agreement. No other use of loan funds is permitted. Loan and matching funds may be used only <br />for costs directly associated with Loan Project activities. <br />2.02 Unauthorized Uses of Loan Proceeds. Loan funds cannot be used to purchase <br />land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, <br />or permit, license, or other authorization fees, unless specifically approved in advance by the <br />Council. <br />2.03 Reversion of Unexpended Funds. All funds loaned by the Council under this <br />agreement that have not been expended for the Loan Project during the Project Activity Period <br />(as defined in section 6.01) will be repaid to the Council. <br />2.04 Project Equipment and Supplies. Loan and matching funds may be used to <br />purchase or lease equipment, machinery, supplies, or other personal property directly necessary to <br />conduct the Loan Project. The Lendee will comply with the personal property management <br />requirements described in paragraph 7.10 of this agreement. <br />III. LOAN AMOUNT, DISTRIBUTION, AND REPAYMENT <br />3.01 Total Loan Amount. The Council will pay to the Lendee a Total Loan Amount of <br />$40,000. Provided, however, that in no event will the Council's obligation under this agreement <br />exceed the lesser of: <br />a. the Total Loan Amount of $40,000; or, <br />b. fifty percent (50 %) of total Loan Project expenditures. <br />The Council will bear no responsibility for cost overruns which may be incurred by the Lendee in <br />performance of the Loan Project. <br />