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Item 8h: Attachment i-evenues available for the operation of the State Program (ti�om all sources) by the Counterparty will equal or exceed expenses for such operation for each succeedin� fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is usin� the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E. It must allo�v for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Sta�e Pro�ram is terminated or chan�ed in a manner that precludes the operation of such pro�ram in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authoriry under �vhich the Public Entity is operatin� the State Pro�ram. G. It must requu•e the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Faciiity that i; the subject of the Use Contract, unless the Public Entity is authorized by la�� to pay sucl� costs and a�rees to pay such costs. H. If the Public Entity pays monies to a Countetparty uncl�r a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997- I CB 632, so that such Use Contract does not result in "private business use" undee Section 141(b) ofthe Code. L It must be appro��ed, in �vritin�, by the Commissioner of tiItiIB, and any Use Contract that is not approved, in �vritin�7, by the Commissioner of ��I��1B shall be null and void and of no force or ztf�ct. J. It must cor.t�in a pro��ision requirin�r that zaci� and eti ��iti party� thereto sha11, upon di�ection by the Commissioner � of ��I�'IB, take such act:ons and fuinish such documents to the Commissioner of M��IB as the Commissioner of ��IYIB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Countzi-party from cteatin� or allowina, without the prior written consent oF the State Entity and the Commissioner of MMB, any voluntary Iien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not bein� actively contested a�ainst the Real Property or, if applicable, Facility, the Public Entity's o�vnership interest in the Reat Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MVIB tivill consent, in writing, to any such lien or encumbrance that secures the repayment of a Ioan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Faciliry that is the subject of the Use Contract in the manner speciiied in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance �vith Generic GO Bond Proceeds 17 Gr1nt A�zreement for ProUram Encl Grants Ver — 6/30r I �