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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 December 31, 2009, or such a later date to which the Public Entity and the State Entity <br />may agree in writing, or all of the Program Grant has not been disbursed as of December 31, <br />2010, or such later dates to which the Public Entity and the State Entity may agree in writing, <br />then the State Entity's obligation to fund the Program Grant shall terminate. In such event, (i) if <br />none of the Program Grant has been disbursed by such dates then the State Entity's obligation to <br />fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no <br />longer be of any force or effect, and (ii) if some but not all of the Program Grant has been <br />disbursed by such dates then the State Entity shall have no further obligation to provide any <br />additional funding for the Program Grant and this Agreement shall remain in full force and <br />effect but shall be modified and amended to reflect the amount of the Program Grant that was <br />actually disbursed as of such date. This provision shall not, in any way, affect the Public <br />Entity's obligation to complete the Project by the Completion Date. <br />This Agreement shall also terminate and no longer be of any force or effect upon the <br />Public Entity's sale of its interest in the Real Property and, if applicable, Facility in accordance <br />with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds <br />of such sale to the Commissioner in compliance with the provisions contained in Section 4.02, or <br />upon the termination of Public Entity's ownership interest in the Real Property and, if <br />applicable, Facility if such ownership interest is by way of an easement or under a <br />Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have <br />executed, and deliver to the Public Entity such documents as are required to release the Real <br />Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. <br />Generic GO Bond Proceeds I S Ver — 8/20/08 <br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrctn Grnt) <br />RDGP-08-0029-o-FY09 <br />