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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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The State Entity agrees to and will assign or pay over to the Public Entity all insurance <br />proceeds it receives so that the Public Entity can comply with the requirements that this Section <br />imposes thereon as to the use of such insurance proceeds. <br />If the Public Entity elects to maintain general comprehensive liability insurance regarding <br />the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity <br />named as an additional named insured therein. <br />At the written request of either the State Entity or the Commissioner, the Public Entity <br />shall promptly furnish to the requesting entity all written notices and all paid premium receipts <br />received by the Public Entity regarding the required insurance, or certificates of insurance <br />evidencing the existence of such required insurance. <br />If the Public Entity fails to provide and maintain the insurance required under this Section, <br />then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an <br />equivalent nature and any funds expended by the State Entity to obtain or maintain such <br />insurance shall be due and payable on demand by the State Entity and bear interest from the date <br />of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate <br />allowed by law or 18% per annum based upon a 365 day year. Provided, however, nothing <br />contained herein, including but not limited to this Section, shall require the State Entity to obtain <br />or maintain such insurance, and the State Entity's decision to not obtain or maintain such <br />insurance shall not lessen the Public Entity's duty to obtain and maintain such insurance. <br />Section 7.02 Condemnation. If after the Public Entity has acquired the ownership <br />interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, <br />Facility is condemned to an extent that the Public Entity can no longer comply with the <br />provisions contained in Section 2.04, then the Public Entity shall, at its sole option and <br />discretion, either, (i) use or cause the condemnation proceeds to be used to acquire an interest in <br />additional real property needed for the Public Entity to continue to comply with the provisions <br />contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to <br />provide or cause to be provided whatever additional funds that may be needed for such purposes, <br />or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, Facility in <br />accordance with the provisions contained in Section 4.01. Any condemnation proceeds which <br />are not used to acquire an interest in additional real property or to restore, if applicable, the <br />Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the <br />Public Entity's interest in the Real Property and, if applicable, Facility had been sold, and such <br />amounts shall be credited against the amounts due and owing under Section 4.02 upon the <br />ultimate sale of the Public Entity's interest in the remaining Real Property and, if applicable, <br />Facility. If the Public Entity elects to sell its interest in the portion of the Real Property and, if <br />applicable, Facility that remains after the condemnation, then such sale must occur within a <br />reasonable time period from the date the condemnation occurred and the cumulative sum of the <br />condemnation proceeds plus the proceeds of such sale must be applied in accordance with the <br />provisions contained in Section 4.02, with the condemnation proceeds being so applied within a <br />reasonable time period from the date they are received by the Public Entity. <br />Generic GO Bond Proceeds 26 Ver-6/26/08 <br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt) <br />
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