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MnDOT Agreement No. 1031751 <br />Revised 5/14/19 <br /> <br /> <br />Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any <br />Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: <br /> <br />A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of <br />funds being requested, which such amount when added to all prior requests for an Advance <br />shall not exceed the amount of the LBRP Grant set forth in Section 1.01. <br /> <br />B. No Event of Default under this Agreement or event which would constitute an Event of Default <br />but for the requirement that notice be given or that a period of grace or time elapse shall have <br />occurred and be continuing. <br /> <br />C. No determination shall have been made by MnDOT that the amount of funds committed to the <br />Project is less than the amount required to pay all costs and expenses of any kind that may <br />reasonably be anticipated in connection with the Project, or if such a determination has been <br />made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has <br />supplied, or has caused some other entity to supply, the necessary funds in accordance with <br />such section or has provided evidence acceptable to MnDOT that sufficient funds are available. <br /> <br />D. The State Entity shall have received evidence, in form and substance acceptable to the State <br />Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project <br />and all other expenses that may occur in conjunction therewith. <br /> <br />E. The Public Entity has supplied to the State Entity all other items that the State Entity may <br />reasonably require <br /> <br />Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and <br />agrees as follows: <br /> <br />A. Advances are not made prior to completion of work performed on the Project. <br /> <br />B. All Advances are processed on a reimbursement basis. <br /> <br />C. The Public Entity must first document expenditures to obtain an Advance. <br /> <br />D. Reimbursement requests are made on a partial payment basis or when the Project is completed. <br /> <br />E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” <br />as requested and approved by the appropriate district state aid engineer. <br /> <br />Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own <br />inspections and observations regarding the completion of the Project, and shall determine to its own <br />satisfaction that all work done or materials supplied have been properly done or supplied in accordance <br />with all contracts that the Public Entity has entered into regarding the completion of the Project. <br /> <br />Article V <br />MISCELLANEOUS <br /> <br />Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability <br />insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional <br />named insured therein.