Common use of TOTAL FACILITIES GRANT Clause in Contracts

TOTAL FACILITIES GRANT. 3.1 The Parties hereby agreed that, subject to the execution of a Project Funding Agreement for the Proposed Project and subject to the satisfaction of or compliance with, as reasonably determined by the Authority, (a) all of the terms and conditions of this Project Scope and Budget Agreement, (b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR 2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority, the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the Project: an amount that, except as specifically provided in this Section 3.1, shall not exceed the lesser of (i) % of the final approved, total eligible Project costs, as determined by the Authority, (“Reimbursement Rate”) or (ii) an estimated Total Facilities Grant of $ (“Estimated Maximum Total Facilities Grant”). Notwithstanding the foregoing, the Authority may determine, in its sole discretion, and subject to the limitations set forth in Section 2.1 of this Agreement, that expenditures from the owner’s contingency and construction contingency line items of the Total Project Budget, so-called, are eligible for reimbursement, and in the event of any such determination, the Authority may adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible, approved owner’s contingency and construction contingency expenditures up to a final, maximum Total Facilities Grant of $ (“Maximum Total Facilities Grant”). In no event shall the Maximum Total Facilities Grant, including any eligible owner’s and construction contingency amounts, exceed

TOTAL FACILITIES GRANT. 3.1 The Parties hereby agreed that, subject to the execution of a Project Funding Agreement for the Proposed Project and subject to the satisfaction of or compliance with, as reasonably determined by the Authority, (a) all of the terms and conditions of this Project Scope and Budget Agreement, (b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR 2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority, the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the Project: an amount that, except as specifically provided in this Section 3.1, shall not exceed the lesser of (i) % of the final approved, total eligible Project costs, as determined by the Authority, (“Reimbursement Rate”) or (ii) an estimated Total Facilities Grant of $ (“Estimated Maximum Total Facilities Grant”). Notwithstanding the foregoing, the Authority may determine, in its sole discretion, and subject to the limitations set forth in Section 2.1 of this Agreement, that expenditures from the owner’s contingency and construction contingency line items of the Total Project Budget, so-called, are eligible for reimbursement, and in the event of any such determination, the Authority may adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible, approved owner’s contingency and construction contingency expenditures up to a final, maximum Total Facilities Grant of $ (“Maximum Total Facilities Grant”). In no event shall the Maximum Total Facilities Grant, including any eligible owner’s and construction contingency amounts, exceedexceed $ . The Parties hereby acknowledge and agree that the Estimated Maximum Total Facilities Grant and the Maximum Total Facilities Grant amounts set forth in this Section 3.1 and Exhibit A, are maximum amounts of funding that the District may receive from the Authority for the Project, and that the final amount of the Total Facilities Grant may equal an amount less than either the Estimated Maximum Total Facilities Grant or the Maximum Total Facilities Grant set forth herein, as determined by an audit conducted by the Authority. Any costs and expenditures that are determined by the Authority to be either in excess of the Total Facilities Grant or otherwise ineligible for payment by the Authority shall be the sole responsibility of the District. The Reimbursement Rate set forth above, and as more fully described in the reimbursement rate summary, attached hereto as Exhibit H, includes a total of incentive reimbursement points which includes points for , points for , and points for pursuant to X.X. x. 70B, § 10(a)(C). The incentive reimbursement points for Energy Efficiency/Green Schools and CM at Risk have been provisionally assigned and are subject to a final determination by the Authority as to the District’s eligibility to receive such incentive reimbursement points. The Reimbursement Rate, Estimated Maximum Total Facilities Grant, and Maximum Total Facilities Grant set forth above and in Exhibit A shall be subject to a decrease, as provided in Section 3.2 of this Agreement, if the Authority determines, in its sole discretion, that the District is ineligible to receive any portion of the incentive reimbursement points that have been provisionally assigned, as described herein, or such other incentive reimbursement points that may be assigned by the Authority.

TOTAL FACILITIES GRANT. 3.1 The Parties hereby agreed that, subject to the execution of a Project Funding Agreement for the Proposed Project and subject to the satisfaction of or compliance with, as reasonably determined by the Authority, (a) all of the terms and conditions of this Project Scope and Budget Agreement, (b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR 2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority, the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the Project: an amount that, except as specifically provided in this Section 3.1, shall not exceed the lesser of (i) % of the final approved, total eligible Project costs, as determined by the Authority, (“Reimbursement Rate”) or (ii) an estimated Total Facilities Grant of $ (“Estimated Maximum Total Facilities Grant”). Notwithstanding the foregoing, the Authority may determine, in its sole discretion, and subject to the limitations set forth in Section 2.1 of this Agreement, that expenditures from the owner’s contingency and construction contingency line items of the Total Project Budget, so-called, are eligible for reimbursement, and in the event of any such determination, the Authority may adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible, approved owner’s contingency and construction contingency expenditures up to a final, maximum Total Facilities Grant of $ (“Maximum Total Facilities Grant”). In no event shall the Maximum Total Facilities Grant, including any eligible owner’s and construction contingency amounts, exceedexceed $ . The Parties hereby acknowledge and agree that the Estimated Maximum Total Facilities Grant and the Maximum Total Facilities Grant amounts set forth in this Section 3.1 and Exhibit A, are maximum amounts of funding that the District may receive from the Authority for the Project, and that the final amount of the Total Facilities Grant may equal an amount less than either the Estimated Maximum Total Facilities Grant or the Maximum Total Facilities Grant set forth herein, as determined by an audit conducted by the Authority. Any costs and expenditures that are determined by the Authority to be either in excess of the Total Facilities Grant or otherwise ineligible for payment by the Authority shall be the sole responsibility of the District. The Reimbursement Rate set forth above, and as more fully described in the reimbursement rate summary, attached hereto as Exhibit H, includes a total of incentive reimbursement points which includes points for , points for , and points for pursuant to X.X. x. 70B, § 10(a)(C). The incentive reimbursement points for Energy Efficiency/Green Schools have been provisionally assigned and are subject to a final determination by the Authority as to the District’s eligibility to receive such incentive reimbursement points. The Reimbursement Rate, Estimated Maximum Total Facilities Grant, and Maximum Total Facilities Grant set forth above and in Exhibit A shall be subject to a decrease, as provided in Section 3.2 of this Agreement, if the Authority determines, in its sole discretion, that the District is ineligible to receive any portion of the incentive reimbursement points that have been provisionally assigned, as described herein, or such other incentive reimbursement points that may be assigned by the Authority.

TOTAL FACILITIES GRANT. 3.1 The Parties hereby agreed that, subject to the execution of a Project Funding Agreement for the Proposed Project and subject to the satisfaction of or compliance with, as reasonably determined by the Authority, ,: (a) all of the terms and conditions of this Project Scope and Budget Agreement, (b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR 2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority, the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the Project: an amount that, except as specifically provided in this Section 3.1, shall not exceed the lesser of (i) % percent ( %) of the final approved, total eligible Project costs, as determined by the Authority, (“Reimbursement Rate”) or (ii) an estimated Total Facilities Grant of $ (“Estimated Maximum Total Facilities Grant”). Notwithstanding the foregoing, the Authority may determine, in its sole discretion, and subject to the limitations set forth in Section 2.1 of this Agreement, that expenditures from the owner’s contingency and construction contingency line items of the Total Project Budget, so-called, are eligible for reimbursement, and in the event of any such determination, the Authority may adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible, approved owner’s contingency and construction contingency expenditures up to a final, maximum Total Facilities Grant of $ (“Maximum Total Facilities Grant”). In no event shall the Maximum Total Facilities Grant, including any eligible owner’s and construction contingency amounts, exceedexceed $ . The Parties hereby acknowledge and agree that the Estimated Maximum Total Facilities Grant and the Maximum Total Facilities Grant amounts set forth in this Section 3.1 and Exhibit A, are maximum amounts of funding that the District may receive from the Authority for the Project, and that the final amount of the Total Facilities Grant may equal an amount less than either the Estimated Maximum Total Facilities Grant or the Maximum Total Facilities Grant set forth herein, as determined by an audit conducted by the Authority. Any costs and expenditures that are determined by the Authority to be either in excess of the Total Facilities Grant or otherwise ineligible for payment by the Authority shall be the sole responsibility of the District. The Reimbursement Rate set forth above, and as more fully described in the reimbursement rate summary, attached hereto as Exhibit “H”, includes a total of ( ) incentive reimbursement points which include(s) ( ) point(s) for , ( ) point(s) for , and ( ) point(s) for pursuant to X.X. x. 00X, § 00(x)(X). [The incentive reimbursement points for green/energy efficiency and CM at Risk have been provisionally assigned and are subject to a final determination by the Authority as to the District’s eligibility to receive such incentive reimbursement points.] The Reimbursement Rate, Estimated Maximum Total Facilities Grant, and Maximum Total Facilities Grant set forth above and in Exhibit A shall be subject to a decrease, as provided in Section 3.2 of this Agreement, if the Authority determines, in its sole discretion, that the District is ineligible to receive any portion of the incentive reimbursement points that have been provisionally assigned, as described herein, or such other incentive reimbursement points that may be assigned by the Authority

TOTAL FACILITIES GRANT. 3.1 The Parties hereby agreed agree that, subject to the execution of a Project Funding Agreement for the Proposed Project and subject to the provisions of Section 3 and the satisfaction of or compliance with, as reasonably determined by the Authority, (a) all of the terms and conditions covenants set forth in Section 4 of this Project Scope and Budget Agreement, (b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR 2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority, the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the Project shall be equal to percent ( %) of eligible, approved costs incurred by the District in connection with the Project: an , as determined by the Authority (“Reimbursement Rate”), up to a maximum grant amount thatthat shall under no circumstances exceed $ , except as specifically provided in this Section 3.1, shall not exceed Section. The Parties hereby acknowledge and agree that the lesser of (i) % final amount of the final approved, total eligible Total Facilities Grant may equal an amount less than $ . Any costs in excess of the maximum Total Facilities Grant amount shall be the sole responsibility of the District. All costs incurred by the District in connection with the Project costs, as determined are subject to review and audit by the Authority, (as shall be further detailed in the Project Funding Agreement. The Reimbursement Rate set forth above, and as more fully described in the reimbursement rate summary, attached hereto as Exhibit “H”, includes a total of ( ) incentive reimbursement points which include(s) ( ) point(s) for , ( ) point(s) for , and ( ) point(s) for pursuant to X.X. x. 00X, § 00(x)(X) that have been provisionally assigned subject to a final determination by the Authority as to the District’s eligibility to receive such incentive reimbursement points. The Reimbursement Rate”) or (ii) an estimated Rate set forth above and the Total Facilities Grant shall be subject to a decrease, as provided in Section 3.2 of $ (“Estimated Maximum Total Facilities Grant”). Notwithstanding the foregoingthis Agreement, if the Authority may determinedetermines, in its sole discretion, and subject that the District is ineligible to the limitations set forth in Section 2.1 of this Agreement, that expenditures from the owner’s contingency and construction contingency line items receive any portion of the Total Project Budgetincentive reimbursement points that have been provisionally assigned for , so-called, are eligible for reimbursement, and in and/or .or such other incentive reimbursement points that may be assigned by the event of any such determination, the Authority may adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible, approved owner’s contingency and construction contingency expenditures up to a final, maximum Total Facilities Grant of $ (“Maximum Total Facilities Grant”). In no event shall the Maximum Total Facilities Grant, including any eligible owner’s and construction contingency amounts, exceedAuthority.