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2009_0223_Packet
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2009_0223_Packet
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this Agreement, may demand that the Outstanding Balance of the Grant be returned to it, <br />and upon such demand the Public Entity shall return such amount to the Commissioner. <br />C. If the Event of Default involves 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 />this Agreement, may demand that the Public Entity pay the amounts that would have been <br />paid if there had been full and complete compliance with such provisions, and upon such <br />demand the Public Entity shall pay such amount to the Commissioner. <br />D. Either the State Entity or the Commissioner, as a third party beneficiary of this <br />Agreement, may enforce any additional remedies they may have in law or equity. <br />The rights and remedies herein specified are cumulative and not exclusive of any rights or <br />remedies that the State Entity or the Commissioner would otherwise possess. <br />If the Public Entity does not repay the amounts required to be paid under this Section or <br />under any other provision contained in this Agreement within 30 days of demand by the <br />Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of <br />entry of judgment against the Public Entity and in favor of the State Entity and/or the <br />Commissioner, then such amount may, unless precluded by law, be taken from or off-set against <br />any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. <br />Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the <br />State Entity and the Commissioner, as soon as possible and in any event within 7 days after it <br />has obtained knowledge of the occurrence of each Event of Default or each event which with the <br />giving of notice or lapse of time or both would constitute an Event of Default, a statement setting <br />forth details of each Event of Default or event which with the giving of notice or upon the lapse <br />of time or both would constitute an Event of Default and the action which the Public Entity <br />proposes to take with respect thereto. <br />Section 2.10 Effect of Event of Default. This Agreement shall survive any and all <br />Events of Default and remain in full force and effect even upon the payment of any amounts due <br />under this Agreement, and shall only be terminated upon the Public Entity's sale of its interest in <br />the Real Property and, if applicable, Facility in accordance with the provisions contained in <br />Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner <br />in compliance with the provisions contained in Section 4.02, or in accordance with the <br />provisions contained in Section 2.11. <br />Section 2.11 Termination/Modification of Grant. If the Project is not started on or <br />before the date that is 5 years from the effective date of this Agreement or all of the Grant has <br />not been disbursed as of the date that is 4 years from the date on which the Project is started, or <br />such later dates to which the Public Entity and the State Entity may agree in writing, then the <br />State Entity's obligation to fund the Grant shall terminate. In such event, (i) if none of the Grant <br />has been disbursed by such dates then the State Entity's obligation to fund any portion of the <br />Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, <br />and (ii) if some but not all of the Grant has been disbursed by such dates then the State Entity <br />Generic GO Bond Proceeds 14 Ver-6/26/08 <br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt) <br />
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