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program (from all sources) will be equal to or greater than forecast program expenses, and require
<br />the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a pro-
<br />gram budget that it believes accurately reflects forecast program revenues and expenses and that
<br />shows that forecast program revenues along with other funds available for the operation of such
<br />program (from all sources) will be equal to or greater than forecast program expenses, it will ap-
<br />prove such budget by resolution and supply to the Council and the Commissioner of MMB certi-
<br />fied copies of such resolution and budget.
<br />Section 2.05 Public Entity Representations and Warranties. The Public Entity further
<br />covenants with, and represents and warrants to the Council as follows:
<br />A. It has legal authority to enter into, execute, and deliver this Agreement, the Decla-
<br />ration, and all documents referred to herein, and it has taken all actions necessary to its exe-
<br />cution and delivery of such documents.
<br />B. It has legal authority to use the Program Grant for the purpose or purposes de-
<br />scribed in the State Program Enabling Legislation.
<br />C. It has legal authority to operate the State Program and the Real Property and, if
<br />applicable, Facility for the purposes required by the State Program and for the functions and
<br />activities proposed in the Grant Application.
<br />D. This Agreement, the Declaration, and all other documents referred to herein are
<br />the legal, valid and binding obligations of the Public Entity enforceable against the Public
<br />Entity in accordance with their respective terms.
<br />E. It will comply with all of the terms, conditions, provisions, covenants, require-
<br />ments, and warranties in this Agreement, the Declaration, and all other documents referred
<br />to herein.
<br />F. It will comply with all of the provisions and requirements contained in and im-
<br />posed by the G.O. Compliance Legislation, the Commissioner ’s Order, and the State
<br />Program.
<br />G. It has made no material false statement or misstatement of fact in connection with
<br />its receipt of the Program Grant, and all of the information it has submitted or will submit to
<br />the Council or Commissioner of MMB relating to the Program Grant or the disbursement of
<br />any of the Program Grant is and will be true and correct.
<br />H. It is not in violation of any provisions of its charter or of the laws of the State of
<br />Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
<br />threatened, before any judicial body or governmental authority against or affecting it relat-
<br />ing to the Real Property and, if applicable, Facility, or its ownership interest therein, and it
<br />is not in default with respect to any order, writ, injunction, decree, or demand of any court
<br />or any governmental authority which would impair its ability to enter into this Agreement,
<br />the Declaration, or any document referred to herein, or to perform any of the acts required
<br />of it in such documents.
<br />I. Neither the execution and delivery of this Agreement, the Declaration, or any
<br />document referred to herein nor compliance with any of the terms, conditions, requirements,
<br />or provisions contained in any of such documents is prevented by, is a breach of, or will re-
<br />sult in a breach of, any term, condition, or provision of any agreement or document to which
<br />it is now a party or by which it is bound.
<br />Generic GO Bond Proceeds
<br />Grant Agreement for Program End Grants 8 Ver – 10/26/20
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