Common use of Ineligible Expenses Clause in Contracts

Ineligible Expenses. Ineligible Expenses include, but are not limited to: • General broadband planning not associated with the Project • Expenses related to providing broadband services • Ongoing overhead, operating costs, or staff costs • Overhead costs other than those described in the Eligible Expenses section • Political activities or lobbying • Expenses related to administering the Grant • Equipment that is depreciable and has a useful life after Project completion • Supply and Material Markups • Operating expenses not directly related to the construction of the Project, including, but not limited to, leases of any kind • Expenses related to the provision of customer devices (handsets, laptops, tablets, etc.) • Bandwidth or spectrum expenses • Salaries, or overhead not directly related to the construction of the Project • Mark-ups of any kind on any eligible expense • Expenses related to the purchase or construction of towers, land, or buildings, or for building renovations, tower upgrades, or the acquisition of facilities or companies • Franchise expenses • Purchase of equipment that is depreciable and has a useful life after project completion, unless it is part of the facilities used to deliver the broadband service (e.g., fiber, conduit, electronics, etc.) EXHIBIT C NOTICE TO PROCEED EXAMPLE [DATE] [GRANTEE NAME] [GRANTEE ADDRESS 1] [GRANTEE ADDRESS 2] Re: South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program; Notice to Proceed Dear [NAME]: This Notice to Proceed is to inform [GRANTEE NAME] of the South Carolina Office of Regulatory Staff’s (“ORS”) approval of your organization’s South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program (“ARPA Program”) Funding Agreement executed [DATE]. [GRANTEE NAME] is authorized to proceed with work on the project(s) outlined in Exhibit A of the Funding Agreement in accordance with all requirements of the ARPA Program. Please read the Notice to Proceed and the enclosed documents carefully. All work associated with the project(s) must be complete no later than [DATE]. [GRANTEE NAME] must submit its initial Financial and Construction Progress Report on or before [DATE]. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS and/or [GRANTEE NAME]’s legal or equitable rights arising from its actions taken thereunder. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS. Please contact Xxxxxxxxx@XXX.XX.XXX if you have any questions or concerns regarding the Notice to Proceed or the ARPA Program. Sincerely, Xxxxx Xxxxxxxxxxx Director – Office of Broadband Coordinator Grantee Name:‌ State Vendor Number: Date: EXHIBIT D APPLICATION FOR DISBURSEMENT Project ID Total Project Cost Funds Awarded Date of Project Completion Total Linear Feet of Fiber or Cable Installed Number of Locations to be Served as Listed in Application Total Number of Location s with Service Availabl e Percent of Locations with Service Available Amount of Disbursement Requested (not to exceed the lesser of % of Total Project Cost or the amount of Funds awarded) Total By submitting this Application for Disbursement, Grantee certifies that 1) it has completed the Project, 2) that the Project is capable of providing reliable broadband service as outlined in the grant guidelines to the identified Project area, and 3) Grantee is entitled to a disbursement of funds from the South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program and pursuant to the Grant Agreement. All invoices must include a signed statement by a Principal Officer of Grantee or other representative acceptable to ORS in its sole discretion certifying that all amounts set forth herein are true and accurate and in accordance with the Agreement. EXHIBIT D ATTACHMENT 1‌‌ AFFIDAVIT OF COMPLETION AND ELIGIBLE EXPENSES STATE OF COUNTY OF ) ) AFFIDAVIT ) Personally appeared before me the undersigned, _ , who being duly sworn, deposes and states as follows:

Ineligible Expenses. Ineligible Expenses include, but are not limited to: • General broadband planning not associated with the Project • Expenses related to providing broadband services • Ongoing overhead, operating costs, or staff costs • Overhead costs other than those described in the Eligible Expenses section • Political activities or lobbying • Expenses related to administering the Grant • Equipment that is depreciable and has a useful life after Project completion Expenses related to preparing the Grant application(s) • Supply and Material Markups Draft • Operating expenses not directly related to the construction of the Project, including, but not limited to, leases of any kind • Expenses related to the provision of customer devices (handsets, laptops, tablets, etc.) • Bandwidth or spectrum expenses • Salaries, or overhead not directly related to the construction of the Project • Mark-ups of any kind on any eligible expense • Expenses related to the purchase or construction of towers, land, or buildings, or for building renovations, tower upgrades, or the acquisition of facilities or companies • Franchise expenses • Purchase of equipment that is depreciable and has a useful life after project completion, unless it is part of the facilities used to deliver the broadband service (e.g., fiber, conduit, electronics, etc.) EXHIBIT C NOTICE TO PROCEED EXAMPLE FOR ILLUSTRATIVE PURPOSES ONLY [DATE] [GRANTEE NAME] [GRANTEE ADDRESS 1] [GRANTEE ADDRESS 2] Re: South Carolina 2022 2023 ARPA SLFRF 1.0 CPF Broadband Grant Program; Notice to Proceed Program | [PROJECT NUMBER], [PROJECT NAME] Dear [NAME]: Draft This conditional Notice to Proceed is to inform [GRANTEE NAME] of the South Carolina Office of Regulatory Staff’s (“ORS”) approval of your organization’s South Carolina 2022 2023 ARPA SLFRF CPF 1.0 Broadband Grant Program (“ARPA Program”) Funding Agreement in the amount of [GRANT TOTAL] executed [DATE]. [GRANTEE NAME] is authorized to proceed with work on the project(s) outlined in Exhibit A of the Funding Agreement in accordance with all requirements of the ARPA Program. Please read the Notice to Proceed and the enclosed documents carefully. All work associated with the project(s) must be complete no later than [DATE]. [GRANTEE NAME] must submit its initial Financial and Construction Progress Report on or before [DATE]. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS and/or [GRANTEE NAME]’s legal or equitable rights arising from its actions taken thereunder. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS. Please contact Xxxxxxxxx@XXX.XX.XXX if you have any questions or concerns regarding the Notice to Proceed or the ARPA Program. Sincerely, Xxxxx Xxxxxxxxxxx Director – Office of Broadband Coordinator Grantee Name:‌ State Vendor Number: Date: EXHIBIT D APPLICATION FOR DISBURSEMENT Project ID Total Project Cost Funds Awarded Date of Project Completion Total Linear Feet of Fiber or Cable Installed Number of Locations to be Served as Listed in Application Total Number of Location s with Service Availabl e Percent of Locations with Service Available Amount of Disbursement Requested (not to exceed the lesser of % of Total Project Cost or the amount of Funds awarded) Total By submitting this Application for Disbursement, Grantee certifies that 1) it has completed the Project, 2“Agreement”) that the Project is capable of providing reliable broadband service as outlined will provide high speed internet access to an estimated [TOTAL STRUCTURES] structures in the grant guidelines to the identified Project approved project area, and 3) Grantee is entitled to a disbursement of funds from the South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program and pursuant to the Grant Agreement. All invoices must include a signed statement by a Principal Officer of Grantee or other representative acceptable to ORS in its sole discretion certifying that all amounts set forth herein are true and accurate and in accordance with the Agreement. EXHIBIT D ATTACHMENT 1‌‌ AFFIDAVIT OF COMPLETION AND ELIGIBLE EXPENSES STATE OF COUNTY OF ) ) AFFIDAVIT ) Personally appeared before me the undersigned, _ , who being duly sworn, deposes and states as follows:.

Ineligible Expenses. Ineligible Expenses include, but are not limited to: • General broadband planning not associated with the Project • Expenses related to providing broadband services • Ongoing overhead, operating costs, or staff costs • Overhead costs other than those described in the Eligible Expenses section • Political activities or lobbying • Expenses related to administering the Grant • Equipment that is depreciable and has a useful life after Project completion Expenses related to preparing the Grant application(s) • Supply and Material Markups • Operating expenses not directly related to the construction of the Project, including, but not limited to, leases of any kind • Expenses related to the provision of customer devices (modems, handsets, laptops, tablets, etc.) • Bandwidth or spectrum expenses • Salaries, or overhead not directly related to the construction of the Project • Mark-ups of any kind on any eligible expense • Expenses related to the purchase or construction of towers, land, or buildings, or for building renovations, tower upgrades, or the acquisition of facilities or companies • Franchise expenses • Purchase of equipment that is depreciable and has a useful life after project completion, unless it is part of the facilities used to deliver the broadband service (e.g., fiber, conduit, electronics, etc.) EXHIBIT C 0000 Xxxx Xxxxxx Suite 900 Columbia, SC 29201 (000) 000-0000 xxx.xx.xxx/xxxxxxxxx «Signatory_Name» NOTICE TO PROCEED EXAMPLE [DATE] [GRANTEE NAME] [GRANTEE ADDRESS 1] [GRANTEE ADDRESS 2] <<Date>> «Legal_EntityOrganization_Name» «Signatory_Address» Re: South Carolina 2022 2024 ARPA SLFRF 1.0 3.0 Broadband Grant Program; Notice to Proceed Program «Project_Number_Format_XXXXX», «Project_Name» Dear [NAME]«Signatory_First_name»: This conditional Notice to To Proceed is to inform [GRANTEE NAME] «Shortened_ISP_name_for_NTP» of the South Carolina Office of Regulatory Staff’s (“ORS”) approval of your organization’s South Carolina 2022 2023 ARPA SLFRF 1.0 3.0 Broadband Grant Program (“ARPA Program”) Funding Agreement in the amount of $«South_Carolina_ARPA_Broadband_Grant_Prog» executed [DATE]«Executed_Grant_Agreement_Date» (“Agreement”) that will provide high speed internet access to an estimated «Total» structures in the approved project area. [GRANTEE NAME] «Shortened_ISP_name_for_NTP» is authorized to proceed with work on the project(s) outlined in Exhibit A Exhibits included as part of the Funding Agreement in accordance with all requirements of the ARPA SLFRF 3.0 Grant Program. Please read the Notice to Proceed and the enclosed documents carefully. All work associated with the project(s) must be complete no later than [DATE]. [GRANTEE NAME] must submit its initial Financial and Construction Progress Report on or before [DATE]. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS and/or [GRANTEE NAME]’s legal or equitable rights arising from its actions taken thereunder. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS. Please contact Xxxxxxxxx@XXX.XX.XXX if you have any questions or concerns regarding the Notice to Proceed or the ARPA Program. Sincerely, Xxxxx Xxxxxxxxxxx Director – Office of Broadband Coordinator Grantee Name:‌ State Vendor Number: Date: EXHIBIT D APPLICATION FOR DISBURSEMENT Project ID Total Project Cost Funds Awarded Date of Project Completion Total Linear Feet of Fiber or Cable Installed Number of Locations to be Served as Listed in Application Total Number of Location s with Service Availabl e Percent of Locations with Service Available Amount of Disbursement Requested (not to exceed the lesser of % of Total Project Cost or the amount of Funds awarded) Total By submitting this Application for Disbursement, Grantee certifies that 1) it has completed the Project, 2) that the Project is capable of providing reliable broadband service as outlined in the grant guidelines to the identified Project area, and 3) Grantee is entitled to a disbursement of funds from the South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program and pursuant to the Grant Agreement. All invoices must include a signed statement by a Principal Officer of Grantee or other representative acceptable to ORS in its sole discretion certifying that all amounts set forth herein are true and accurate and in accordance with the Agreement. EXHIBIT D ATTACHMENT 1‌‌ AFFIDAVIT OF COMPLETION AND ELIGIBLE EXPENSES STATE OF COUNTY OF ) ) AFFIDAVIT ) Personally appeared before me the undersigned, _ , who being duly sworn, deposes and states as follows:.

Ineligible Expenses. Ineligible Expenses include, but for the following are ineligible and Grant funds shall not limited tobe used to reimburse these expenses: • General broadband planning not associated with the Project • Expenses related to providing broadband services • Ongoing overhead, operating costs, or staff costs • Overhead costs other than those described in the Eligible Expenses section • Political activities or lobbying • Expenses related to administering the Grant • Equipment that is depreciable and has a useful life after Project completion • Supply and Material Markups • Operating expenses not directly related to the construction of the Project, including, but not limited to, leases of any kind • Expenses related to the provision of customer devices (handsets, laptops, tablets, etc.) • Bandwidth or spectrum expenses • Salaries, or overhead not directly related to the construction of the Project • Mark-ups of any kind on any eligible expense • Expenses related to the purchase or construction of towers, land, or buildings, or for building renovations, tower upgrades, or the acquisition of facilities or companies • Franchise expenses DRAFT • Purchase of equipment that is depreciable and has a useful life after project completion, unless it is part of the facilities used to deliver the broadband service (e.g., fiber, conduit, electronics, etc.) EXHIBIT C NOTICE TO PROCEED EXAMPLE [DATE] [GRANTEE NAME] [GRANTEE ADDRESS 1] [GRANTEE ADDRESS 2] Re: South Carolina 2022 ARPA SLFRF SFRF 1.0 Broadband Grant Program; Notice to Proceed Dear [NAME]: DRAFT This Notice to Proceed is to inform [GRANTEE NAME] of the South Carolina Office of Regulatory Staff’s (“ORS”) approval of your organization’s South Carolina 2022 ARPA SLFRF SFRF 1.0 Broadband Grant Program (“ARPA Program”) Funding Agreement executed [DATE]. [GRANTEE NAME] is authorized to proceed with work on the project(s) outlined in Exhibit A of the Funding Agreement in accordance with all requirements of the ARPA Program. Please read the Notice to Proceed and the enclosed documents carefully. All work associated with the project(s) must be complete no later than [DATE]. [GRANTEE NAME] must submit its initial Financial and Construction Progress Report on or before [DATE]. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS and/or [GRANTEE NAME]’s legal or equitable rights arising from its actions taken thereunder. Failure to submit progress reports in accordance with the Funding Agreement and the requirements of the ARPA Program may result in termination or modification of the Funding Agreement executed with ORS. Please contact Xxxxxxxxx@XXX.XX.XXX if you have any questions or concerns regarding the Notice to Proceed or the ARPA Program. Sincerely, Xxxxx Xxxxxxxxxxx Director – Office of Broadband Coordinator Grantee Name:‌ State Vendor Number: Date: Application for Disbursement Request #: EXHIBIT D APPLICATION FOR DISBURSEMENT Project ID Total Project Cost Funds Awarded Date of Project Completion Total Linear Feet of Fiber or Cable Installed Number of Locations to be Served as Listed in Application Total Number of Location s with Service Availabl e Percent of Locations with Service Available Amount of Disbursement Requested (not to exceed the lesser of % of Total Project Cost or the amount of Funds awarded) Total DRAFT By submitting this Application for Disbursement, Grantee certifies that 1) it has completed the Project, 2) that the Project is capable of providing reliable broadband service as outlined in the grant guidelines to the identified Project area, and 3) Grantee is entitled to a disbursement of funds from the South Carolina 2022 ARPA SLFRF 1.0 Broadband Grant Program and pursuant to the Grant Agreement. All invoices must include a signed statement by a Principal Officer of Grantee or other representative acceptable to ORS in its sole discretion certifying that all amounts set forth herein are true and accurate and in accordance with the Agreement. EXHIBIT D ATTACHMENT 1‌‌ AFFIDAVIT OF COMPLETION AND ELIGIBLE EXPENSES STATE OF COUNTY OF ) ) AFFIDAVIT ) Personally appeared before me the undersigned, _ , who being duly sworn, deposes and states as follows:: DRAFT