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The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of Finance. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity coy#ants with and represents and warrants to the State Entity that; (i) it has the ability and a pl d such programs, a it has demonstrated such ability by way of a plan that it submitt he State Entity, and (iii) it will annually adopt, by resolution, a budget for the opatt4 ch programs that clearly shows that forecast program revenues along with other funaiia r the operation of such program will be equal to or greater than forecast progr�#xpenses for fiscal year, and will supply to the State Entity and the Commissionerof,` cc certified co)) f such resolution and budget. ;^ For those programs, if any, that will be oper`� n all , y portion of the`1eal Property and, if applicable, Facility by a Counterparty under &4 ract, the Public Entity covenants with and represents and warrants to A(i[ Mate Entity t (i) it will not enter into such Use Contract unless the Counterparty has cf " rp yled that It e ability and a plan to fund such program, (ii) it will require the Counterpt�rty tit gide an' " 1 program budget and annual program budgets that clearly show that grecast 'atn rev es along with other funds available for the operatioikgPogh progratY yv1MOrr g"reater than forecast program expenses for each fisc#W , � tt will p- review" idt' submitted program budgets to determine if such bu C' Clearly aiccurateows that the forecast program revenues along with other funds ble for thew ration of h program will be equal to or greater than r forecast program ex Offi,,s for discal year, it will reject any program budget that it believes does not ac Mrn"revenues or expenses or does not show that forecast Hues with other ms`s available for the operation of such program will b 1 to"or mater t -forecast program expenses, and require the Counterparty to prepstnd submit a reed pro budget, and (v) upon receipt of a program budget that it belie v �curately reflecf' ecasi'gram revenues and expenses and that shows that forecast program' Hues along w ,other funds available for the operation of such program will be equal to or ter than fore t program expenses, it will approve such budget by resolution and supply to the S" Entity 'the Commissioner of Finance certified copies of such resolution and budget. TZE m Section 2.05 ftblic Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. 329826v5 CLL NE136-201 7