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Item 8h: Attachment "Commissioner's Order" - means the "Fourth Order Amending Order• of the Commissioner of Finance Relatin� to Use and Sale of State Bond Financed Property' executed by the Commissioner of Minnesota Mana�ement and Budaet and dated Ju1y 30, 2012, as amended. "Counterparty" - means any entiry �vith which the Public Entity contracts under a Use Contract. This clefinition is only neecled ancl onlv applies if the P��blie Entity enters into an c�greerrzent ticith canotlaer parry �rnder ti��hich suc6a otheY partv n�ill oper•ate the Recal Property, cancl if applicc�ble, Fc�eilitv. For call other circumstc�nees this clefiraition is not neecled ay�ad shot�ld be i�nored and treatecl c�s if it ticere leFt blc�nk �ar�cl ariv refer-ence to this term in this ,4�ree�vrent shall be i;nored cancl treated czs i the reference �lid not ezist. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this A�reement and all amendments thereto, indicating that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is bond financed property �vithin the meanin� of the G.O. Compliance Le�islation and is subject to certain restrictions imposed thereby. '`Event of Default" - means one or more of those events delineated in Section 2.07. "Facilitv", if applicable, - means «10» , which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Pro�ram Grant. "Fair Market Value" — means either (i) the price that would be paici by a willinQ and qualified buyer to a willin� and qualifizd seller as det:.rininzd bv a:� appraisal that assumes that all liens and encumbrances on the property beinQ sold that ne�atively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, �cith the proviso that all liens and encumbrances on the property bein� sold that ne�atively affect thz value of such propei-ty, �vili be paid and released at the time of acquisition by the purchaser. `'G.O. Bonds" - means that portion of the state �eneral obli�ation bonds issued under the authority granted in Article XI, § �(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. `'G.O. Compliance Lebislation" - means Minn. Stat. � 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or repiacement imposes an unconstitutional impairment of a contract right. "Grant Applicati�n" — means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the State Entity. This definition is onlv needed and onlv applies if the Public Entiry s��bmitted « grant appliccation to the Stczte Entiry. If the Public Entiry ditl not submit ci gYant application to the Stc�te Entiry, then this clefinition is not neeclecl and shoulcl be i;nored ancl treated czs iFit �ti�ere left blcznk, ancl canv Generic GO Bond Proceeds Grant .A�reerne�t tor Program End Grants Ver — 6/30/ 1 �