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• <br />Section 5.04 Condition Precedent to An~~ Advance. The obligation of the State Entity <br />to make any Advance hereunder (including the initial Advance) shall be subject to the following <br />conditions precedent: <br />A. The State Entity shall have received a Draw Requisition for such Advance <br />specifying the amount of funds being requested, which such amount «'hen added to all <br />prior requests for an Advance shall not exceed the maximum amount of the Grant set forth <br />in Section 1.01. <br />B. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that (i} the Public Entity has legal authority to and has taken al] actions <br />necessary to enter into this Agreement, and (ii) this Agreement is binding on and <br />enforceable against the Public Entity. <br />C. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that that the Public Entity has sufficient funds to fully and completely <br />pay for the Predesign Stage and all other expenses that may occur in conjunction therewith. <br />D. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Public Entity is in compliance with the matching funds <br />requirements, if any, contained in Section 6.20. <br />r~ <br />E. No determination shall have been made by the State Entity that the amount of <br />funds committed to the completion of the Predesign Stage is less than the amount required <br />to pay all costs and expenses of any kind which reasonably may be anticipated in <br />connection with the completion of the Predesign Stage, or if such a determination has been <br />made and notice thereof sent to the Public Entity then the Public Entity has supplied or has <br />caused some other entity to supply the necessary funds in accordance with Section 5.03, or <br />to provide evidence acceptable io the State Entity that sufficient funds are available. <br />F. No Event of Default under this Agreement or event which would constitute an <br />Event of Default but for the requirement that notice be given or that a period of Brace or <br />time elapse shall have occurred and be continuing. <br />G. The Public Entity has supplied to the State Entity all other items that the State <br />Entity may reasonably require. <br />Article VI <br />MISCELLANEOUS. <br />I~~ <br />Section 6.01 Changes to G.O. Compliance Legislation or the Commissioner's Order. <br />In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a <br />manner which reduces any requirement imposed against the Public Entity, or if the Predesign <br />Stage or the Real Property and, if applicable, the Facility is exempt from the G.O. Compliance <br />Legislation and the Commissioner's Order, then upon written request by the Public Entity the <br />State Entity shall enter into and execute an amendment to this Agreement to implement herein <br />Generic GO Grant APreement <br />for Pre-Design or Design Grants <br />I7 <br />Ver- 7/30/03 <br />(Gnrc GO GA-PrDsgn Gmt) <br />