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operating agreements if the Real Property and, if applicable, Facility, is part of a condominium
<br />regime or is subject to a reciprocal easement or use agreement.
<br />The Public Entity shall not, without the written consent of the State Entity and the
<br />Commissioner, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility,
<br />for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or
<br />substantially alter any of the Real Property or, if applicable, Facility, except such alterations as
<br />may be required by laws, ordinances or regulations or such other alterations as may improve
<br />such Real Property or, if applicable, Facility by increasing the value thereof or improving its
<br />ability to be used to operate the State Program thereon or therein, (c) do any act or thing which
<br />would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d)
<br />abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or
<br />deterioration of the Real Property or, if applicable, Facility, (� remove any fixtures or personal
<br />property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of
<br />the Program Grant unless the same are immediately replaced with like property of at least equal
<br />value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property
<br />or, if applicable, Facility, in violation of any law, ordinance or regulation.
<br />If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
<br />accordance with the provisions contained in this Section, then the State Entity may perform
<br />whatever acts and expend whatever funds that are necessary to so maintain the Real Property
<br />and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State
<br />Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
<br />necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or
<br />funds expended by the State Entity hereunder shall be at its sole option and discretion, and
<br />nothing contained herein, including but not limited to this Section, shall require the State Entity
<br />to take any action, incur any expense, or expend any funds, and the State Entity shall not be
<br />responsible for or liable to the Public Entity or any other entity for any such acts that are
<br />undertaken and performed in good faith and not in a negligent manner. Any funds expended by
<br />the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if
<br />applicable, Facility shall be due and payable on demand by the State Entity and bear interest
<br />from the date of advancement by the State Entity at a rate equal to the lesser of the maximum
<br />interest rate allowed by law or 18% per annum based upon a 365 day year.
<br />Section 7.04 Records Keeping and Reporting. Each year and until the State Entity
<br />determines that the project goals have been met, the Public Entity shall submit to the State Entity
<br />a report, satisfactory to the State Entity, on the distribution of funds and the progress of the
<br />Project covered from the date of the Agreement through June 30 of each year. The report must
<br />be received by the State Entity no later than July 25 of each year. The report shall identify
<br />specific project goals listed in the Grant Application for the Project and quantitatively and
<br />qualitatively measure the progress of such goals. Reporting forms will be provided by the State
<br />Entity. Upon determination that the project goals have been met, the State Entity shall issue a
<br />letter to the Public Entity stating such.
<br />The Public Entity shall maintain or cause to be maintained books, records, documents and
<br />other evidence pertaining to the costs or expenses associated with the Project and operation of
<br />Generic GO Bond Proceeds 2 g Ver — 8/20/08
<br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrcm Grnt)
<br />< RDGP-09-0025-o-FY10>
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