- (a) At all times during project construction and operation and in the absence of default by a project applicant, the applicant will be required, pursuant to the project documents, to function and act as the contracting and operating agent of the Arkansas Natural Resources Commission.
(b) The commission will:
- (1) Appoint the applicant to serve in such agency capacity during the term of financial assistance; and
- (2) Require the applicant to indemnify and hold the commission, its members, officers, agents, employees, and consultants harmless against loss or damage in connection with the construction and operation of the project during such term of financial assistance.