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For those programs, if any, that will be operated on all or any portion of the Real Property <br />and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants <br />with and represents and warrants to the State Entity that; (i) it will not enter into such Use <br />Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such <br />program, (ii) it will require the Counterparty to provide an initial program budget and annual <br />program budgets that clearly show that forecast program revenues along with other funds <br />available for the operation of such program (from all sources) will be equal to or greater than <br />forecast program expenses for each fiscal year, (iii) it will promptly review all submitted <br />program budgets to determine if such budget clearly and accurately shows that the forecast <br />program revenues along with other funds available for the operation of such program (from all <br />sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it <br />will reject any program budget that it believes does not accurately reflect forecast program <br />revenues or expenses or does not show that forecast program revenues along with other funds <br />available for the operation of such program (from all sources) will be equal to or greater than <br />forecast program expenses, and require the Counterparty to prepare and submit a revised <br />program budget, and (v) upon receipt of a program budget that it believes accurately reflects <br />forecast program revenues and expenses and that shows that forecast program revenues along <br />with other funds available for the operation of such program (from all sources) will be equal to <br />or greater than forecast program expenses, it will approve such budget by resolution and supply <br />to the State Entity and the Commissioner certified copies of such resolution and budget. <br />Section 2.05 Public Entity Representations and Warranties. The Public Entity <br />further covenants with, and represents and warrants to the State Entity as follows: <br />A. It has legal authority to enter into, execute, and deliver this Agreement, the <br />Declaration, and all documents referred to herein, and it has taken all actions necessary to <br />its execution and delivery of such documents. <br />B. It has legal authority to use the Program Grant for the purpose or purposes <br />described 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 <br />and 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, <br />requirements, and warranties in this Agreement, the Declaration, and all other documents <br />referred to herein. <br />F. It will comply with all of the provisions and requirements contained in and <br />imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State <br />Program. <br />Generic GO Bond Proceeds 9 Ver — 8/20/08 <br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrctn Grnt) <br />RDGP-08-0029-o-FY09 <br />