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a. the Recipient had taken an official intent satisfying the requirements of Section 1.150-2(e) of the Regulations prior to, or within 60 days after, the date of the expenditure; and b. reimbursement of the expenditure was made within 18 months of the later of the date of the expenditure or the in-service date of the Project, but in no event later than 3 years after the date of the expenditure, excluding for this purpose “preliminary expenditures”, such as architectural, engineering, surveying, soil testing, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction, but only to the extent the total “preliminary expenditures” reimbursed with proceeds of the Recipient Bonds did not exceed 20% of the sale proceeds of the Recipient Bonds and the total “preliminary expenditures” reimbursed with proceeds of the issue of the Prior Obligations, if any, did not exceed 20% of the sale proceeds of such issue of the Prior Obligations. 3.4. Limitations on Private Use of the Project. The Project has been and is owned by the Recipient. The Project has not been, and the Recipient covenants that the Project will not be, sold, leased or otherwise disposed of, in whole or in part, to any person including a state or local governmental unit prior to the last maturity date of the Recipient Bonds. Except to the extent described in the Existing Tax Certificate, the Recipient has not entered and covenants that it will not enter into any contract or arrangement or cause or permit any contract or arrangement to be entered into (within its reasonable control) with persons or entities that are not state or local governmental units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. Except to the extent described in the Existing Tax Certificate, the Recipient has not and covenants that it will not permit any of the proceeds of the Recipient Bonds to be used by any person who is not a state or local governmental unit for any purpose that is unrelated or . disproportionate to the governmental purpose of the Recipient Bonds or to make any private loan(s). The Recipient has notified and hereafter will notify the Corporation of any contract or arrangement entered into with any person that is not a state or local government unit with respect to the Project and has obtained or will obtain the written approval of the Corporation prior to entering into such contract or arrangement. 3.5. Periodic Confirmation of Compliance. At the request of the Corporation, as may be made from time to time, the Recipient agrees to confirm its continuing compliance with the Existing Tax Certificate and this Article III. IV. MISCELLANEOUS 4.1. Existing Agreement. The Existing Agreement, except as amended and supplemented hereby, remains in full force and effect. The Recipient Bonds delivered thereunder remain in full force and effect. The Recipient is not in default under the Existing Agreement or the Recipient Bonds. The representations and warranties of the Recipient made in the Existing Agreement, as amended and supplemented hereby, are true and correct as of the Effective Date as if made on and as of the Effective Date and taking into account the amendments and supplements effected by this Certificate, and the Recipient has complied with and performed and will continue 3 2026 B & C Refunding Certificate — Series 2015 B, 2015 D and 2016 B Refunding