Common use of FTA Grant Application Clause in Contracts

FTA Grant Application. 3.5.2.4.1 Subject to the provisions herein, NICTD shall be the applicant of record on the FTA grant program applications regarding the Rail Projects and shall lead such grant application process. 3.5.2.4.2 NICTD, RDA and IFA shall work together to identify potential issues related to the FTA grant application process, shall keep each other informed of progress on the FTA grant applications, and shall promptly inform each other of substantive communications with FTA regarding the FTA grant applications. NICTD, RDA and IFA commit to each other to promptly and fully participate in the FTA grant application process. 3.5.2.4.3 RDA and/or IFA may hire technical consultant(s) to conduct independent review(s) of grant application materials and support the grant application process. NICTD shall cooperate with any such technical consultant hired by RDA and/or IFA. IFA and RDA shall have the right to review, comment and approve any grant application materials prior to submission to FTA. 3.5.2.4.4 To the maximum extent possible, all costs incurred by RDA and IFA, including but not limited to financing costs, interest, costs for professional services and legal fees as estimated, identified and included in the applicable Cost Budget or necessarily incurred with respect to the Rail Projects, shall be reimbursable with FTA grant funds, other funds (not including funds from NICTD other than as set forth in this Governance Agreement), or bond proceeds. RDA, IFA and NICTD shall timely exchange information with each other as to the types and amounts of all estimated future Project Costs so that they are sufficiently identified and can be included in the cost estimate submitted to and approved by FTA. In order to help maintain eligibility for cost reimbursement under the FTA grants, all Parties shall report to each other monthly as to the costs that are being incurred and the basis for asserting such costs are eligible for reimbursement with an FTA grant. Without regard to whether any costs incurred by IFA or RDA are reimbursable by FTA grant funds, IFA and RDA may be reimbursed from the proceeds of the IFA Bonds or the rental payments due under the Leases in their sole and absolute discretion.

FTA Grant Application. 3.5.2.4.1 (i) Subject to the provisions herein, NICTD shall be the applicant of record on the FTA grant program applications regarding the Rail Projects Projects, and shall lead such grant application process. 3.5.2.4.2 (ii) NICTD, RDA and IFA shall work together to identify potential issues related to the FTA grant application process, shall keep each other informed of progress on the FTA grant applications, and shall promptly inform each other of substantive communications with FTA regarding the FTA grant applications. NICTD, RDA and IFA commit to each other to promptly and fully participate in the FTA grant application process. 3.5.2.4.3 (iii) RDA and/or IFA may hire technical consultant(s) to conduct independent review(s) of grant application materials and support the grant application process. NICTD shall cooperate with any such technical consultant hired by RDA and/or IFA. IFA and RDA shall have the right to review, comment and approve any grant application materials prior to submission to FTA. 3.5.2.4.4 (iv) To the maximum extent possible, all costs incurred by RDA and IFA, including but not limited to financing costs, interest, costs for professional services and legal fees as estimated, identified and included in the applicable Cost Budget or necessarily incurred with respect to the Rail Projects, shall be reimbursable with FTA grant funds, other funds (not including funds from NICTD other than as set forth in this Amended Governance Agreement), or bond proceeds. RDA, IFA and NICTD shall timely exchange information with each other as to the types and amounts of all estimated future Project Costs so that they are sufficiently identified and can be included in the cost estimate submitted to and approved by FTA. In order to help maintain eligibility for cost reimbursement under the FTA grants, all Parties shall report to each other monthly as to the costs that are being incurred and the basis for asserting such costs are eligible for reimbursement with an FTA grant. Without regard to whether any costs incurred by IFA or RDA are reimbursable by FTA grant funds, IFA and RDA may be reimbursed from the proceeds of the IFA Bonds or the rental payments due under the Leases in their sole and absolute discretion. (v) The IFA, RDA, and NICTD shall meet to determine the process with respect to transitioning the Double Track Project into the New Starts FTA grant process (or other grant mechanism/process) and the desired timeline for implementation of this transition. Upon conclusion of that process, the recommendation with respect to timing for submission of the Double Track Project or into which FTA grant program the Double Track Project shall be submitted, must be approved in writing by the IFA and RDA. The Parties shall meet to determine the necessary activities and expenditures, and the timing thereof, in order to successfully progress the Double Track Project through the FTA process.

FTA Grant Application. 3.5.2.4.1 3.6.2.4.1 Subject to the provisions herein, NICTD shall be the applicant of record on the FTA grant program applications regarding the Rail Projects Projects, and shall lead such grant application process. 3.5.2.4.2 3.6.2.4.2 NICTD, RDA and IFA shall work together to identify potential issues related to the FTA grant application process, shall keep each other informed of progress on the FTA grant applications, and shall promptly inform each other of substantive communications with FTA regarding the FTA grant applications. NICTD, RDA and IFA commit to each other to promptly and fully participate in the FTA grant application process. 3.5.2.4.3 3.6.2.4.3 RDA and/or IFA may hire technical consultant(s) to conduct independent review(s) of grant application materials and support the grant application process. NICTD shall cooperate with any such technical consultant hired by RDA and/or IFA. IFA and RDA shall have the right to review, comment and approve any grant application materials prior to submission to FTA. 3.5.2.4.4 3.6.2.4.4 To the maximum extent possible, all costs incurred by RDA and IFA, including but not limited to financing costs, interest, costs for professional services and legal fees as estimated, identified and included in the applicable Cost Budget or necessarily incurred with respect to the Rail Projects, shall be reimbursable with FTA grant funds, other funds (not including funds from NICTD other than as set forth in this Governance Agreement), or bond proceeds. RDA, IFA and NICTD shall timely exchange information with each other as to the types and amounts of all estimated future Project Costs so that they are sufficiently identified and can be included in the cost estimate submitted to and approved by FTA. In order to help maintain eligibility for cost reimbursement under the FTA grants, all Parties shall report to each other monthly as to the costs that are being incurred and the basis for asserting such costs are eligible for reimbursement with an FTA grant. Without regard to whether any costs incurred by IFA or RDA are reimbursable by FTA grant funds, IFA and RDA may be reimbursed from the proceeds of the IFA Bonds or the rental payments due under the Leases in their sole and absolute discretion.

FTA Grant Application. 3.5.2.4.1 3.6.2.4.1 Subject to the provisions herein, NICTD shall be the applicant of record on the FTA grant program applications regarding the Rail Projects Projects, and shall lead such grant application process. 3.5.2.4.2 3.6.2.4.2 NICTD, RDA and IFA shall work together to identify potential issues related to the FTA grant application process, shall keep each other informed of progress on the FTA grant applications, and shall promptly inform each other of substantive communications with FTA regarding the FTA grant applications. NICTD, RDA and IFA commit to each other to promptly and fully participate in the FTA grant application process. 3.5.2.4.3 3.6.2.4.3 RDA and/or IFA may hire technical consultant(s) to conduct independent review(s) of grant application materials and support the grant application process. NICTD shall cooperate with any such technical consultant hired by RDA and/or IFA. IFA and RDA shall have the right to review, comment and approve any grant application materials prior to submission to FTA. 3.5.2.4.4 3.6.2.4.4 To the maximum extent possible, all costs incurred by RDA and IFA, including but not limited to financing costs, interest, costs for professional services and legal fees as estimated, identified and included in the applicable Cost Budget or necessarily incurred with respect to the Rail Projects, shall be reimbursable with FTA grant funds, other funds (not including funds from NICTD other than as set forth in this Governance Agreement), or bond proceeds. RDA, IFA and NICTD shall timely exchange information with each other as to the types and amounts of all estimated future Project Costs so that they are sufficiently identified and can be included in the cost estimate submitted to and approved by FTA. In order to help maintain eligibility for cost reimbursement under the FTA grants, all Parties shall report to each other monthly as to the costs that are being incurred and the basis for asserting such costs are eligible for reimbursement with an FTA grant. Without regard to whether any costs incurred by IFA or RDA are reimbursable by FTA grant funds, IFA and RDA may be reimbursed from the proceeds of the IFA Bonds or the rental payments due under the Leases in their sole and absolute discretion. 3.6.2.4.5 The IFA, RDA, and NICTD shall meet to determine the process with respect to transitioning the Double Track Project into the New Starts FTA grant process (or other grant mechanism/process) and the desired timeline for implementation of this transition. Upon conclusion of that process, the recommendation with respect to timing for submission of the Double Track Project or into which FTA grant program the Double Track Project shall be submitted, must be approved in writing by the IFA and RDA. The Parties shall meet to determine the necessary activities and expenditures, and the timing thereof, in order to successfully progress the Double Track Project through the FTA process.