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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 />As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
<br />agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
<br />awards or proceeds it receives so that the Public Entity can comply with the requirements that
<br />this Section imposes upon the Public Entity as to the use of such condemnation awards or
<br />proceeds.
<br />Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i)
<br />keep the Real Property and, if applicable, Facility, in good condition and repair, subject to
<br />reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike
<br />manner any building or other improvement which may be constructed on the Real Property and
<br />promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
<br />or destroyed thereon and pay when due all claims for labor performed and materials furnished
<br />therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
<br />and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any
<br />part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain
<br />abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and
<br />repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's
<br />interest in the Real Property and, if applicable, Facility, is a leasehold interest, and (vi) comply
<br />with the provisions of any condominium documents and any applicable reciprocal easement or
<br />Generic GO Bond Proceeds 2%
<br />Grant Agreement for ProgramConstruction Grants
<br />< RDGP-09-0025-o-FY10>
<br />Ver — 8/20/08
<br />(Gnrc GO GA-Prgrm Cnstrctn Grnt)
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