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Pollution Control Act, 33 U.S.C.A. §§ 1251 et seq.; applicable federal regulations; Texas <br />Water Code, Chapter 15, §§ 15.601 - 15.618; and 31 TAC Chapter 375. <br />Eligible Expenses means the expenses allowed by TWDB program requirements and <br />authorized by the TWDB in the approved Project Budget. <br />EPA means the U.S. Environmental Protection Agency. <br />Escrow Account means an account established by the City that will be used to manage the <br />Principal Forgiveness Funds in accordance with an escrow agreement acceptable to the <br />Executive Administrator, which is attached hereto as EXHIBIT G, until such time as the <br />Executive Administrator authorizes the release of the Principal Forgiveness Funds to the <br />Construction Account. <br />Executive Administrator means the Executive Administrator of the TWDB or designated <br />representative. <br />Financial Assistance means funding made available to eligible Applicants, as authorized in <br />33 U.S.C. §1383(d), including principal forgiveness <br />Force Majeure means acts of god, strikes, lockouts, or other industrial disturbances, acts of <br />the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, <br />earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and <br />restraints of government and people, explosions, breakage or damage to machinery, <br />pipelines or canals, and any other inabilities of either party, whether similar to those <br />enumerated or otherwise, and not within the control of the party claiming such inability, <br />which by the exercise of due diligence and care such party could not have avoided. <br />Green Project means a project or portion of a project that meets the EPA criteria for <br />inclusion in the Green Project Reserve, including green infrastructure, water or energy <br />efficiency improvements or other environmentally innovative activities. <br />Green Project Reserve means the equivalent amount of the EPA capitalization grant that is <br />reserved for projects that meet the EPA's criteria for green projects. <br />IUP means the Intended Use Plan, State Fiscal Year 2017, approved by the TWDB and the <br />EPA in which the Project was prioritized for funding. <br />Obligations means the $4,760,000 City of San Marcos, Texas Water and Wastewater System <br />Revenue Bonds, Bond Series 2017A, together with all authorizing documents, which <br />evidence the portion of the financial assistance that is not forgiven, identified as L1000600. <br />Outlay Report means the TWDB form regarding the total amount of costs incurred by the <br />City relating to the Project for the specified period. <br />TWDB Commitment No. L1000600 <br />Page 2 of 14 <br />