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<br />unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon
<br />the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of
<br />the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the
<br />Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant
<br />unless the same are immediately replaced with like property of at least equal value and utility, or
<br />(g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable,
<br />Facility, in violation of any law, ordinance or regulation.
<br />
<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 Council may perform whatever
<br />acts and expend whatever funds that are necessary to so maintain the Real Property and, if
<br />applicable, Facility and the Public Entity irrevocably authorizes and empowers the Council to
<br />enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary
<br />to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds
<br />expended by the Council hereunder shall be at its sole option and discretion, and nothing
<br />contained herein, including but not limited to this Section, shall require the Council to take any
<br />action, incur any expense, or expend any funds, and the Council shall not be responsible for or
<br />liable to the Public Entity or any other entity for any such acts that are undertaken and performed
<br />in good faith and not in a negligent manner. Any funds expended by the Council to perform such
<br />acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due
<br />and payable on demand by the Council and bear interest from the date of advancement by the
<br />Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per
<br />annum based upon a 365 day year.
<br />
<br />Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or
<br />cause to be maintained books, records, documents and other evidence pertaining to the costs or
<br />expenses associated with the Project and operation of the Real Property and, if applicable,
<br />Facility needed to comply with the requirements contained in this Agreement, the G.O.
<br />Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation,
<br />and upon request shall allow or cause the entity which is maintaining such items to allow the
<br />Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State
<br />Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The
<br />Public Entity shall use or cause the entity which is maintaining such items to use generally
<br />accepted accounting principles in the maintenance of such items, and shall retain or cause to be
<br />retained (i) all of such items that relate to the Project for a period of 6 years from the date that the
<br />Project is fully completed and placed into operation, and (ii) all of such items that relate to the
<br />operation of the Real Property and, if applicable, Facility for a period of 6 years from the date
<br />such operation is initiated.
<br />
<br />Section 7.05 Inspections by Council. Upon reasonable request by the Council and
<br />without interfering with the normal use of the Real Property and, if applicable, Facility, the
<br />Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a
<br />Use Contract for any portion of the Real Property and, if applicable, Facility to allow the Council
<br />to inspect the Real Property and, if applicable, Facility.
<br />
<br />Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
<br />possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
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