§ 5-84 Representations and Warranties.
RCNY § 5-84
(a)As part of the preapplication, application, periodic reports and other reports required by the Act or these rules, the applicant shall certify and make such representations and warranties as may, from time to time, be necessary or appropriate to ensure compliance with the provisions of all applicable laws and these rules, including, but not limited to, the following: (1) that all statements made by or on behalf of the applicant in connection with such applications and reports are made by any person authorized by the applicant to make such statements and having actual knowledge or documentary information sufficient to make informed and accurate statements, and that such person believes all such statements to be true; (2) that the applicant has paid all of the real property taxes or water or sewer charges or payments in lieu of taxes or has paid timely installments of such taxes or payments in lieu of taxes in accordance with an agreement with a city agency with respect to an eligible building or targeted eligible building; (3) that the applicant represents, acknowledges, covenants and agrees that it bears sole responsibility for paying the full amount of energy services costs to a utility and/or NYCPUS for which it is directly metered until such time as the special rebate (if any) granted to applicant under LMEP is reflected on the applicant's bill; (4) that the applicant agrees to permit or cause permission to be granted to the City and its agents to inspect its building and real property upon notice during regular business hours; and (5) any other representations or warranties as may be required in such applications or reports or requested by the commissioner.
(b)In addition to the requirements of subdivision (a) of this 66 RCNY § 5-84, the applicant shall covenant and agree to repay with interest at the prime rate, as reported in The New York Times (or similar periodical selected by the commissioner) on the effective date of its certificate of eligibility accrued from the date of receipt, the full amount of any benefits which the applicant has received if subsequently it is determined by the commissioner that the applicant was ineligible to receive those benefits for any reason.
