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05-11-2015 Council Packet
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05-11-2015 Council Packet
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supplied in accordance with the Construction Contract Documents. If any work done or <br />materials supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, <br />if any, or if a Contractor is not in material compliance with the Construction Contract <br />Documents in any respect, then the Grant Recipient shall immediately notify the State Entity, in <br />writing. The State Entity and the Inspecting Engineer may conduct such inspections of the <br />Construction Items as either may deem necessary for the protection of the State Entity's interest, <br />and that any inspections which may be made of the Project by the State Entity or the Inspecting <br />Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for <br />the benefit and protection of the State Entity, and the Grant Recipient will not rely thereon. <br />Article VI <br />MISCELLANEOUS <br />Section 6.01 Insurance. The Grant Recipient shall maintain or cause to be maintained <br />builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in <br />an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee <br />thereunder. If damages which are covered by such required insurance occurs to the Facility, if <br />such exists, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or <br />cause the insurance proceeds to be used to fully or partially repair such damage and to provide or <br />cause to be provided whatever additional funds that may be needed to fully or partially repair <br />such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, <br />in accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only <br />partially repair such damage, then the portion of the insurance proceeds which are not used for <br />such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the <br />Grant Recipient's interest in the Real Property and Facility, if such exists, had been sold, and <br />such amounts shall be credited against the amounts due and owing under Section 3.03 upon the <br />ultimate sale of the Grant Recipient's interest in the Real Property and Facility, if such exists. If <br />the Grant Recipient elects to sell its interest in the Real Property and the damaged Facility, if <br />such exists, then such sale must occur within a reasonable time period from the date the damage <br />occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must <br />be applied in accordance with the provisions contained in Section 3.03, with the insurance <br />proceeds being so applied within a reasonable time period from the date they are received by the <br />Grant Recipient. <br />As loss payee under the insurance required herein the State Entity agrees to and will assign <br />or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient <br />can comply with the requirements that this Section 6.01 imposes upon the Grant Recipient as to <br />the use of such insurance proceeds. <br />If the Grant Recipient elects to maintain general comprehensive liability insurance <br />regarding the Real Property and Facility, if such exists, then the Grant Recipient shall have the <br />State Entity named as an additional named insured therein. <br />The Grant Recipient may require a Usee to provide and maintain any or all of the insurance <br />required under this Section; provided that the Grant Recipient continues to be responsible for the <br />Little Caanda GO Bond Proceeds Grant Agreement Ver 5/06/15 <br />for MnDOT Antiquated Equipment Grants 19 <br />
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