IX. CERTIFICATION
The undersigned company officer and/or user/tenant officer each hereby certifies, on behalf of the company
and/or user/tenant, respectively (each singularly and together, the "Applicant"), as follows:
A. The information contained in this Application, including employment information, is true and correct. The
Applicant is aware that any material misrepresentation made in this Application constitutes an act of
fraud, resulting in revocation of The Agency benefits.
B. The undersigned, on behalf of the Applicant, hereby certifies that the Applicant, and all parties which own
a minimum of 20% of the Applicant are current and will remain current on all real property, federal, state,
sales, income and withholding taxes throughout the term of any agreements made in connection with this
Application.
C. Compliance with N.Y. GML Sec. 862(1): Applicant understands and agrees that the provisions of Section
862(1) of the New York General Municipal Law, as provided below, will not be violated if Financial
Assistance is provided for the proposed Project:
§ 862. Restrictions on funds of the agency. (1) No funds of the agency shall be used in respect of any
project if the completion thereof would result in the removal of an industrial or manufacturing plant of the
project occupant from one area of the state to another area of the state or in the abandonment of one or
more plants or facilities of the project occupant located within the state, provided, however, that neither
restriction shall apply if the agency shall determine on the basis of the application before it that the
project is reasonably necessary to discourage the project occupant from removing such other plant or
facility to a location outside the state or is reasonably necessary to preserve the competitive position of
the project occupant in its respective industry.
D. Compliance with Applicable Laws: The Applicant confirms and acknowledges that the owner, occupant,
or operator receiving Financial Assistance for the proposed Project is in substantial compliance with
applicable local, state and federal tax, worker protection and environmental laws, rules and regulations.
E. False and Misleading Information: The Applicant confirms and acknowledges that the submission of any
knowingly false or knowingly misleading information may lead to the immediate termination of any
Financial Assistance and the reimbursement of an amount equal to all or part of any tax exemption
claimed by reason of the Agency’s involvement the Project.
F. Recapture: Should the Applicant not expend as projected or hire as presented, the Agency may view
such information/status as failing to meet the established standards of economic performance. In such
events, some or all of the benefits taken by the Applicant will be subject to recapture.
G. Applicant hereby releases the Agency from, agrees that the Agency shall not be liable for, and agrees to
indemnify, defend and hold the Agency harmless from and against any and all liability arising from or
expense incurred by (A) the Agency's examination and processing of, and action pursuant to or upon, this
Application, regardless of whether or not this Application or the Project described herein or the tax
exemptions and other assistance requested herein are favorably acted upon by the Agency; (B) the
Agency's acquisition, construction, renovation and/or equipping of the Project described herein; and (C)
any further action taken by the Agency with respect to the Project; including, without limiting the
generality of the foregoing, all causes of action and attorneys' fees and any other expenses incurred in
defending any suits or actions which may arise as a result of any of the foregoing. Applicant hereby
understands and agrees, in accordance with Section 875(3) of the New York General Municipal Law, that
any New York State and local sales and use tax exemption claimed by the Applicant and approved by the
Agency in connection with the Project may be subject to recapture by the Agency under such terms and
conditions as will be set forth in the Agent Agreement to be entered into by and between the Agency and
the Applicant.