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<br />If the Public Entity elects to maintain seneral comprehensive liability insurance resardin~,
<br />the Real Property and Facility, if such exists, then the Public Entity shall have. the State Entitt
<br />named as an additional named insured therein.
<br />At the written request of either the State Entity or the Commissioner of Finance. the Public
<br />Entity shall promptly furnish to the requesting entity alI written notices and all paid premium
<br />receipts received by the Public Entity regarding such required insurance, or certificates of
<br />insurance evidencing the existence of the required insurance.
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<br />Section 3.13 Condemnation. If all or any portion of the Real Property and, if
<br />applicable, the Facility is condemned to an extent that the Public Entity can no longer coil~ply
<br />lvith the provisions contained in Section 3.04, then the Public Entity shall, at its sole option and
<br />discretion, either; {i) use or cause the condemnation proceeds to be used to acquire air interest in
<br />additional real property needed for the Public Entity to continue to comply with the provisions
<br />contained in Section 3.04 and, if applicable, to fully or partially restore the Facility and to
<br />provide or cause to be provided whatever additional funds that may be needed for such purposes,
<br />or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility
<br />in accordance with the provisions contained in Section 3.09. Any condemnation proceeds ~;•hich
<br />are not used to acquire an interest in additional real property or to restore, if applicable, the
<br />Facility shall be applied in accordance with the provisions contained in Section 3.10 as if the
<br />Public Entity's interest in the Real Property and, if applicable, the Facility had been sold, and
<br />such amounts shall be credited against the amounts due and owing under Section 3.10 upon the
<br />ultimate sale of the Public Entity's interest in the Real Property and, if applicable, the Facility. If
<br />the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable,
<br />the Facility that remains after the condemnation, then such sale must occur within a reasonable
<br />time period from the date the condemnation occurred and the cumulative sum of the
<br />condemnation proceeds plus the proceeds of such sale must be applied in accordance with the
<br />provisions contained in Section 3.10, with the condemnation proceeds being so applied within a
<br />reasonable time period from the date they are received by the Public Entity.
<br />As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
<br />agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
<br />awards or proceeds it receives so that the Public Entity can comply with the requirements which
<br />this Section 3.13 imposes upon the Public Entity as to the use of such condemnation awards or
<br />proceeds.
<br />Section 3.14 Use, Maintenance, Repair and Alterations. The Public Entity shall not,
<br />without the written consent of both the State Entity and the Commissioner of Finance, permit or
<br />suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other
<br />than the use for which the same is intended as of the effective date of this Agreement. In
<br />addition, the Public Entity; (i) shall keep the Real Property and, if applicable, the Facility, in
<br />good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written
<br />consent of both the State Entity and the Commissioner of Finance, remove, demolish or
<br />substantially alter (except such alterations as maybe required by laws, ordinances or regulations)
<br />any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or
<br />depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon
<br />the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and
<br />Generic GO Grant Agreement
<br />for Pre-Design or Design Granu
<br />13
<br />Ver - 7/3U/03
<br />(Gnrc GO GA-PrDsgn Grnt)
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