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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 />C. Either the State Entity or the Comnissioner of Management and Budget, as a <br />third party beneficiary of this Agreement, may enforce any additional remedies they may <br />have in law or equity. <br />The rights and remedies herein specified are cumulative and not exclusive of any rights or <br />remedies that the State Entity or the Commissioner of Management and Budget would otherwise <br />possess. <br />If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B <br />within 30 days of demand by either the State Entity or the Commissioner of Management and <br />Budget, then such amount may, unless precluded by law, be taken from or off -set against any <br />aids or other monies that the Grant Recipient is entitled to receive from the State of Minnesota. <br />Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to <br />both the State Entity and the Commissioner of Management and Budget, as soon as possible and <br />in any event within 7 calendar days after it has obtained knowledge of the occurrence of each <br />Event of Default or each event which with the giving of notice or lapse of time or both would <br />constitute an Event of Default, a statement setting forth details of each Event of Default or event <br />which with the giving of notice or upon the lapse of time or both would constitute an Event of <br />Default and the action which the Grant Recipient proposes to take with respect thereto. <br />Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier <br />terminated in accordance with any of the provisions contained herein, remain in full force and <br />effect for the time period starting on the effective date hereof and ending on the date that <br />corresponds to the date established by adding a time period equal to 125% of Useful Life of the <br />Real Property and, if applicable, Facility to the date on which the Real Property and, if <br />applicable, Facility is first used for the purpose set forth in Section 2.03 after such effective date. <br />If there are no uncured Events of Default as of such date this Agreement shall terminate and no <br />longer be of any. force or effect, and the State Entity shall execute whatever documents are <br />needed to release the Real Property and, if applicable, Facility from the effect of this Agreement <br />and the Declaration. <br />Section 2.09 Modification and/or Early Termination of Grant. If the Project is not <br />started on or before January 1, 20166_ or such later date to which the Grant Recipient and the <br />State Entity may agree in writing, then, the State Entity's obligation to fund the Grant shall <br />terminate, and, in such event, (i) if none of the Grant has been disbursed by such date then the <br />State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement <br />shall also terminate and no longer be of any force or effect, and (ii) if some but not all of the <br />Grant has been disbursed by such date then the State shall have no further obligation to provide <br />any additional funding for the Grant and this Agreement shall remain in full force and effect but <br />shall be modified and amended to reflect the amount of the Grant that was actually disbursed as <br />of such date. <br />In addition, if all of the Grant has not been disbursed on or before the date that is 5 years <br />from the effective date of this Agreement, then the State Entity's obligation to continue to fund <br />the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such <br />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 1 7 <br />
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