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2009_0223_Packet
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2009_0223_Packet
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1/6/2012 3:31:47 PM
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4/20/2009 9:51:31 AM
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Section 2.07 Event(s) of Default. The following events shall, unless waived in writing <br />by the State Entity and the Commissioner, constitute an Event of Default under this Agreement <br />upon either the State Entity or the Commissioner giving the Public Entity 30 days written notice <br />of such event and the Public Entity's failure to cure such event during such 30 day time period <br />for those Events of Default that can be cured within 30 days or within whatever time period is <br />needed to cure those Events of Default that cannot be cured within 30 days as long as the Public <br />Entity is using its best efforts to cure and is making reasonable progress in curing such Events of <br />Default, however, in no event shall the time period to cure any Event of Default exceed 6 months <br />unless otherwise consented to, in writing, by the State Entity and the Commissioner. <br />A. If any representation, covenant, or warranty made by the Public Entity in this <br />Agreement, in any Draw Requisition, in any other document furnished pursuant to this <br />Agreement, or in order to induce the State Entity to disburse any of the Grant, shall prove <br />to have been untrue or incorrect in any material respect or materially misleading as of the <br />time such representation, covenant, or warranty was made. <br />B. If the Public Entity fails to fully comply with any provision, term, condition, <br />covenant, or warranty contained in this Agreement, the Declaration, or any other document <br />referred to herein. <br />C. If the Public Entity fails to fully comply with any provision, term, condition, <br />covenant or warranty contained in the G.O. Compliance Legislation or the Commissioner's <br />Order. <br />D. If the Public Entity fails to complete the Project, or cause the Project to be <br />completed, by the Completion Date. <br />E. If the Public Entity fails to provide and expend the full amount of the matching <br />funds, if any, required under Section 7.23 for the Project. <br />Notwithstanding the foregoing, any of the above delineated events that cannot be cured <br />shall, unless waived in writing by the State Entity and the Commissioner, constitute an Event of <br />Default under this Agreement immediately upon either the State Entity or the Commissioner <br />giving the Public Entity written notice of such event. <br />Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time <br />thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State <br />Entity or the Commissioner may enforce any or all of the following remedies. <br />A. The State Entity may refrain from disbursing the Grant; provided, however, the <br />State Entity may make such disbursements after the occurrence of an Event of Default <br />without thereby waiving its rights and remedies hereunder. <br />B. If the Event of Default does not involve a failure to comply with the provisions <br />contained in Sections 4.01 or 4.02, then the Commissioner, as a third party beneficiary of <br />Generic GO Bond Proceeds 13 Ver — 6/26/08 <br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt) <br />
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