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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J -R. SMITH, CLERK <br />based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal <br />Revenue Service: <br />a. any sale or lease of any interest in the Project Site to a non-governmental <br />person or organization; or <br />b. the operation of any concession on the Project Site by a non-governmental <br />person or organization; or <br />C. any sales contract or option to buy or sell things attached to the Project Site <br />to be severed from the Project Site with a non-governmental person or <br />organization; or <br />d. any use of the Project Site by a non-governmental person other than in such <br />person's capacity as a member of the general public; or <br />e. any change in the character or use of the Project Site from that use expected <br />at the date of the issuance of any series of Bonds from which the <br />disbursement is to be made; or <br />f. a management contract for the Project Site with a non-governmental person <br />or organization; or <br />g. such other activity or interest as may be specified from time to time in <br />writing by FCT to the Recipient; or <br />h. any and all activities that violate the Federal Private Activity regulations of <br />the Internal Revenue Service. <br />3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to <br />remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, <br />as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such <br />transactions, events or circumstances, and shall provide to FCT such information as FCT <br />reasonably requests in order to evaluate for approval or denial the legal and tax consequences of <br />such disallowable activities. <br />4. In the event that FCT determines at any time that the Recipient is engaging, or <br />allowing others to engage, in disallowable activities on the Project Site, the Recipient shall <br />immediately cease or cause the cessation of the disallowable activities upon receipt of written <br />notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have <br />the right to seek temporary and permanent injunctions against the Recipient for any disallowable <br />activities on the Project Site. <br />DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT <br />AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON <br />DEP Agreement No. 50958, Page 16 of 24 <br />FCT Project No. 11-050-FFI l <br />Pre -Acquired Project Site <br />