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Resolution 6664
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06500 - 06999 (2005-2007)
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Resolution 6664
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Last modified
6/25/2019 10:11:02 AM
Creation date
4/6/2007 11:15:22 AM
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MV City Council
City Council Document Type
Resolutions
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A. If any representation, covenant. or warranty made by the Public Entity herein, in <br />any other document furnished pursuant to this Agreement. or in order to induce the State <br />Entity to disburse any of the Grant, shall prove to have been untrue or incorrect in atl~~ <br />material respect or materially misleading as of the time such representation, covenant, or <br />warranty was made. <br />B. If the Public Entity fails to fully comply with any provision, term, condition. <br />covenant, or ~~arranty contained in this Agreement. <br />C. If the Public Entity fails to comply with any provision, tern1, condition, <br />covenant, or warranty contained in the G.O. Compliance Legislation, or tl~e <br />Commissioner's Order, as such apply to the Real Property and, if applicable, the Facility. <br />Section 4.02 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 Finance may enforce any or all of the following remedies. <br />A. The State Entity may refrain from disbursing the Grant; provided, ho"~ever, tl~e <br />State Entity may make such a disbursement after the occurrence of an Evetit of Default <br />without thereby waiving its rights and remedies hereunder. <br />B. The Commissioner of Finance, as a third party beneficiary of this Agreement, <br />may demand that the portion of the Grant already disbursed to the Public Entity be returned <br />to it, and upon such demand the Public Entity shall return such portion to the <br />Commissioner of Finance. <br />C. Either the State Entity or the Commissioner of Finance, as a third party <br />beneficiary of this Agreement, may enforce any additional remedies they may have in ]aw <br />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 Finance would otherwise possess. <br />If the Public Entity does not repay any portion of the amount specified in Section 4.02.B <br />within thirty (30) days of demand by either the State Entity or the Commissioner of Finance, then <br />such amount may, unless precluded by law, be taken from or off-set against any aids or other <br />monies that the Public Entity is entitled to receive from the State of Minnesota. <br />Section 4.03 Notification of Event of Default. The Public Entity shall furnish to both <br />the State Entity and the Commissioner of Finance, as soon as possible and in any event within 7 <br />days after it has obtained knowledge of the occurrence of each Event of Default or each event <br />which with the giving of notice or lapse of time or both would constitute an Event of Default, a <br />statement setting forth details of each Event of Default or event which with the giving of notice <br />or upon the lapse of time or both would constitute an Event of Default and the action which the <br />Public Entity proposes to take with respect thereto. <br />• Generic GO Grant Agreement 15 <br />for Pre-Design or Design Grants <br />Ver - 7/.30103 <br />(Gnrc GO GA-PrDsgn Grnt) <br />
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