Common use of SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES Clause in Contracts

SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES. A. ▇▇▇▇▇▇▇ acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are administered by the New Mexico State Board of Finance (SBOF), an entity separate and distinct from the Department. Grantee acknowledges and agrees that (i) it is ▇▇▇▇▇▇▇’s sole and absolute responsibility to determine through SBOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform ▇▇▇▇▇▇▇ of a SBOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF may in the future impose further or different conditions upon the Project; (iv) all SBOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF conditions must be satisfied before the SBOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF conditions being satisfied. B. ▇▇▇▇▇▇▇ acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department. C. ▇▇▇▇▇▇▇ acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project Disbursements rule, NMAC 2.61.6, as may be amended or re-codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.

SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES. A. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are administered by the New Mexico State Board of Finance (SBOF), an entity separate and distinct from the Department. Grantee ▇▇▇▇▇▇▇ acknowledges and agrees that (i) it is ▇▇▇▇▇▇▇’s sole and absolute responsibility to determine through SBOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform ▇▇▇▇▇▇▇ of a SBOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF may in the future impose further or different conditions upon the Project; (iv) all SBOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF conditions must be satisfied before the SBOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF conditions being satisfied. B. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department. C. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project Disbursements rule, NMAC 2.61.6, as may be amended or re-codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.

SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES. A. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are which is administered by the New Mexico State Board of Finance (SBOFBOF), an entity separate and distinct from the Department. Grantee acknowledges and agrees that (i) it is ▇▇▇▇▇▇▇’s sole and absolute responsibility to determine through SBOF BOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform ▇▇▇▇▇▇▇ Grantee of a SBOF BOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF BOF may in the future impose further or different conditions upon the Project; (iv) all SBOF BOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF BOF conditions must be satisfied before the SBOF BOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF BOF conditions being satisfied. B. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department. C. ▇. ▇▇▇▇▇▇▇ acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project Disbursements rule, NMAC 2.61.6, as may be amended or re-codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.. [THIS SPACE LEFT BLANK INTENTIONALLY]

SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES. A. ▇▇▇▇▇▇▇ acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are administered by the New Mexico State Board of Finance (SBOF), an entity separate and distinct from the Department. Grantee acknowledges and agrees that (i) it is ▇▇▇▇▇▇▇’s sole and absolute responsibility to determine through SBOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform ▇▇▇▇▇▇▇ of a SBOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF may in the future impose further or different conditions upon the Project; (iv) all SBOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF conditions must be satisfied before the SBOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF conditions being satisfied. B. ▇▇▇▇▇▇▇ acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department. C. ▇▇▇▇▇▇▇ acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project Disbursements rule, NMAC 2.61.6, as may be amended or re-re- codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.

SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES. A. ▇▇▇▇▇▇▇ acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are administered by the New Mexico State Board of Finance (SBOF), an entity separate and distinct from the Department. Grantee ▇▇▇▇▇▇▇ acknowledges and agrees that (i) it is ▇▇▇▇▇▇▇’s sole and absolute responsibility to determine through SBOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform ▇▇▇▇▇▇▇ of a SBOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF may in the future impose further or different conditions upon the Project; (iv) all SBOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF conditions must be satisfied before the SBOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF conditions being satisfied. B. ▇▇▇▇▇▇▇ acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department. C. ▇▇▇▇▇▇▇ acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project Disbursements rule, NMAC 2.61.6, as may be amended or re-codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.