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05-11-2015 Council Packet
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05-11-2015 Council Packet
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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 />C. Either the State Entity or the Commissioner 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 />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 9 <br />
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