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<br />2 <br /> <br />described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant <br />program. Grantee’s application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees <br />to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement <br />and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility <br />and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no <br />representation or warranties with respect to the success and effectiveness of the Grantee Program. The <br />Council acknowledges that Grantee Program work may be limited to soliciting participation by its <br />residents and businesses in the Grantee Program and requires additional work by the Grantee only to the <br />extent that residents and businesses choose to participate in the Grantee Program, as described in <br />Exhibit B. <br />The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants <br />for qualifying activities. <br />2.2. Grantee Representations and Warranties. The Grantee represents and warrants to Council, as <br />follows: <br />A. It has the legal authority to enter into this Grant Agreement and to conduct and administer <br />the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement <br />B. It has taken all actions necessary for its execution of the Agreement and has provided to <br />Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement. <br />C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the <br />Grantee’s financial responsibilities in Exhibit B <br />D. As specified in Exhibit A only Grantee’s authorized representative may provide certifications <br />required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs. <br />E. It will comply with all the terms of this Agreement. <br />F. It will comply with all requirements of Clean Water Funding legislation and appropriations, <br />except for requirements that this Grant Agreement explicitly states will be handled by the Council. <br />G. It has made no material false statement or misstatement of fact in connection with the Grant <br />Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds <br />or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all <br />representations contained in its application for the Clean Water Fund Grant are material representations <br />of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by <br />reference. <br />H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, <br />and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before <br />any judicial body or governmental authority against or affecting it and is not in default with respect to any <br />order, writ, injunction, decree, or demand of any court or any governmental authority which would impair <br />its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement. <br />I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach <br />of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound.