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08-12-2015 Council Packet
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08-12-2015 Council Packet
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MnDOT Agreement #06820 <br />Y. It shall furnish such satisfactory evidence regarding the representations and <br />warranties described herein as may be required and requested in writing by either the State <br />Entity or the Commissioner of Management and Budget. <br />Section 2.05 Event(s) of Default. The following events shall, unless waived in writing <br />by the State Entity and the Commissioner of Management and Budget, constitute an Event of <br />Default under this Agreement upon either the State Entity or the Commissioner of Management <br />and Budget giving the Grant Recipient 30 days written notice of such event, and the Grant <br />Recipient's failure to cure such event during such 30 day time period for those Events of Default <br />that can be cured within 30 days or within whatever time period is needed to cure those Events of <br />Default that cannot be cured within 30 days as long as the Grant Recipient is using its best efforts <br />to cure and is making reasonable progress in curing such Events of Default, however, in no event <br />shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the <br />foregoing, any of the following events that cannot be cured shall, unless waived in writing by the <br />State Entity and the Commissioner of Management and Budget, constitute an Event of Default <br />under this Agreement immediately upon either the State Entity or the Commissioner of <br />Management and Budget giving the Grant Recipient written notice of such event. <br />A. If any representation, covenant, or warranty made by the Grant Recipient <br />herein, in any Draw Requisition, or in any other document furnished pursuant to this <br />Agreement, or in order to induce the State Entity to make any Advance, shall prove to have <br />been untrue or incorrect in any material respect or materially misleading as of the time <br />such representation, covenant, or warranty was made. <br />B. If the Grant Recipient fails to fully comply with any provision, term, condition, <br />covenant, or warranty contained in this Agreement, the Declaration, or any other document <br />referred to herein. <br />C. If the Grant Recipient fails to complete the Project, or cause the Project to be <br />completed, by the Completion Date. <br />Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time <br />thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State <br />Entity or the Commissioner of Management and Budget may enforce any or all of the following <br />remedies. <br />A. The State Entity may refrain from disbursing the Grant; provided, however, the <br />State Entity may make Advances after the occurrence of an Event of Default without <br />thereby waiving its rights and remedies hereunder. <br />B. The Commissioner of Management and Budget, as a third party beneficiary of <br />this Agreement, may demand that the portion of the Grant already disbursed to the Grant <br />Recipient be returned to it; and upon such demand the Grant Recipient shall return such <br />portion to the Commissioner of Management and Budget. <br />Little Caanda GO Bond Proceeds Grant Agreement Ver— 5/06/15 <br />for MnDOT Antiquated Equipment Grants 1 6 <br />
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