PSC Agreement With Xxxxxxx for Construction of the Facility. No Grant funds shall be disbursed to Grantee unless and until Grantee and PSC enter into an agreement, in form and substance satisfactory to Triumph, pursuant to which (i) PSC agrees to provide access to Triumph and its employees and agents access from time to time to the Facility during construction to inspect any work being performed, (ii) PSC acknowledges that, pursuant to the terms of this Agreement, the Grant funds obtained by Grantee shall be used to pay a portion of the outstanding principal of the Conduit Financing as described in Section 5.9 below, and (iii) PSC agrees to cooperate with Grantee in all reasonable respects to provide to Triumph with documentation which evidences that the Facility is being constructed, and once completed was constructed, in substantial accordance with the Plans and Specifications.
