Common use of Conditions Precedent to Each Disbursement Clause in Contracts

Conditions Precedent to Each Disbursement. Agency’s obligation to disburse Grant money to Subrecipient pursuant to Section 2.03 is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: Agency has received sufficient funds under VOCA to allow the Agency, in the reasonable exercise of its discretion, to make the disbursement; Agency has received a copy of the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements; Standard Assurances; Single Audit Certification Letter; Certification of Compliance with Regulations, Office for Civil Rights, Office of Justice Programs for Subgrants Issued by the Oregon Department of Justice; and Victims of Crime Act Special Conditions all in the form attached hereto as Exhibits E - I respectively, and incorporated herein by this reference, duly executed and delivered on behalf of Subrecipient by an authorized official of Subrecipient; Subrecipient certifies insurance coverage is in full force for the duration of this Agreement; If Subrecipient expends $750,000 or more in federal funds from all sources in a fiscal year, Subrecipient has submitted the most recent single organization-wide audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F; If Subrecipient agency does not claim an exemption from the EEOP requirement (Subrecipient is an educational, medical or non-profit institution or an Indian Tribe; or Subrecipient has less than 50 employees; or Subrecipient was awarded less than $25,000 in federal U.S. Department of Justice funds), Subrecipient has prepared, maintained on file, submitted to the Office for Civil Rights for review (if receiving a single award of $500,000 or more), and implemented an EEOP; No default as described in Section 6.03 has occurred; and Subrecipient’s representations and warranties set forth in Section 4 are true and correct on the date of disbursement with the same effect as though made on the date of disbursement.

Conditions Precedent to Each Disbursement. Agency’s obligation to disburse Grant money to Subrecipient pursuant to Section 2.03 is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: Agency has received sufficient funds under VOCA VAWA to allow the Agency, in the reasonable exercise of its discretion, to make the disbursement; Agency has received a copy of the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements; Standard Assurances; Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act as Amended, STOP Formula Grant Program; Acknowledgement of Notice of Statutory Requirement to Comply with the Confidentiality and Privacy Provisions of the Violence Against Women Act, as Amended; Single Audit Certification Letter; Certification of Compliance with Regulations, Office for Civil Rights, Office of Justice Programs for Subgrants Issued by the Oregon Department of Justice; and Victims of Crime Violence Against Women Act Special Conditions all in the form attached hereto as Exhibits E - I K respectively, and incorporated herein by this reference, duly executed and delivered on behalf of Subrecipient by an authorized official of Subrecipient; Subrecipient certifies insurance coverage is in full force for the duration of this Agreement; If Subrecipient expends $750,000 or more in federal funds from all sources in a fiscal year, Subrecipient has submitted the most recent single organization-wide audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F; If Subrecipient agency does not claim an exemption from the EEOP requirement (Subrecipient is an educational, medical or non-profit institution or an Indian Tribe; or Subrecipient has less than 50 employees; or Subrecipient was awarded less than $25,000 in federal U.S. Department of Justice funds), Subrecipient has prepared, maintained on file, submitted to the Office for Civil Rights for review (if receiving a single award of $500,000 or more), and implemented an EEOP; No default as described in Section 6.03 has occurred; and Subrecipient’s representations and warranties set forth in Section 4 are true and correct on the date of disbursement with the same effect as though made on the date of disbursement.

Conditions Precedent to Each Disbursement. Agency’s The obligation of Title to disburse Grant money the Loan proceeds to Subrecipient pursuant to Section 2.03 is be disbursed hereunder shall be subject to satisfactionthe condition precedent that (i) the conditions set forth in Section 3 of the Loan Agreement shall have been satisfied or waived in writing by the EDA and (ii) EDA and Title shall have received on or before the date of disbursing the initial Loan proceeds, or in the case of items to be furnished in conjunction with respect to each a later disbursement, on or before the date of disbursing such later Loan proceeds, the following: (a) A sworn construction statement furnished by the Borrower for each ProjectImprovement, to be updated with each Draw Request for such ProjectImprovement(s) setting forth any contractors, subcontractors and suppliers, the amount of any contracts, the amount paid to-date, the amount being requested and the balances due; 6U3S1.815236v350B7R423755.-01499 (b) A sources and uses document for each ProjectImprovement or Improvements to be updated and submitted with each Draw Request, reflecting all financial sources (and evidence satisfactory to the EDA that such sources are available to pay for such Projectthe Improvement(s)) and uses, i.e. the amount paid to-date, the amount being requested, and the sources of funds and the costs remaining; (c) Copies of all written estimates from or signed agreements with the contractors who are the subject of the following conditions precedent: Agency has received sufficient funds under VOCA to allow the Agency, in the reasonable exercise of its discretion, to make the disbursement; Agency has received a copy of the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements; Standard Assurances; Single Audit Certification Letter; Certification of Compliance with Regulations, Office for Civil Rights, Office of Justice Programs for Subgrants Issued by the Oregon Department of Justice; and Victims of Crime Act Special Conditions all Draw Request; (d) A Draw Request (in the form attached hereto as Exhibits E - I respectivelyExhibit A) accompanied by: (i) unconditional written lien waivers for work done and materials supplied which were paid for pursuant to the previous Draw Request; and (ii) invoices or such other supporting evidence as may reasonably be requested by the EDA or Title to substantiate (a) all payments which are to be made out of the relevant Draw Request and (b) all payments then made with respect to the ProjectsImprovements. Costs previously paid directly by the Borrower may be reimbursed, through a Draw Request; provided that evidence of such payments satisfactory to Title and incorporated herein by this reference, duly executed and delivered on behalf of Subrecipient by an authorized official of Subrecipient; Subrecipient certifies insurance coverage the EDA is in full force for the duration of this Agreement; If Subrecipient expends $750,000 or more in federal funds from all sources in a fiscal year, Subrecipient has submitted the most recent single organization-wide audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F; If Subrecipient agency does not claim an exemption provided to Title. Title shall obtain verbal approval from the EEOP requirement (Subrecipient is EDA prior to disbursing each Draw Request. Prior to disbursing any Draw Requests, Title shall undertake a search for mechanics liens and provide an educational, medical or non-profit institution or an Indian Tribe; or Subrecipient has less than 50 employees; or Subrecipient was awarded less than $25,000 in federal U.S. Department of Justice funds), Subrecipient has prepared, maintained on file, submitted email notice to the Office for Civil Rights for review (if receiving a single award EDA of $500,000 or more), and implemented an EEOP; No default as described in Section 6.03 has occurred; and Subrecipient’s representations and warranties set forth in Section 4 are true and correct on the date results of disbursement with the same effect as though made on the date of disbursementsuch search.