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A. It has legal authority to enter into, execute, and deliver this Agreement, the <br />Declaration, and all documents referred to herein, and it has taken all actions necessary to <br />its execution and delivery of such documents. <br />B. It has legal authority to use the Program Grant for the purpose or purposes <br />described in the State Program Enabling Legislation. <br />C. It has legal authority to operate the State Program and the Real Property and, if <br />applicable, Facility for the purposes required by the State Program and for the functions <br />and activities proposed in the Grant Application. <br />D. This Agreement, the Declaration, and all other documents referred to herein are <br />the legal, valid and binding obligations of the Public Entity enforceable against the Public <br />Entity in accordance with their respective terms. <br />E. It will comply with all of the terms, conditions, provisions, covenants, <br />requirements, and warranties in this Agreement, the Declaration, and all other documents <br />referred to herein. <br />F. It will comply with all of the provisions and requirements contained in and <br />imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State <br />Program. <br />G. It has made no material false statement or misstatement of fact in connection <br />with its receipt of the Program Grant, and all of the information it has submitted or will <br />submit to DEED or Commissioner of MMB relating to the Program Grant or the <br />disbursement of any of the Program Grant is and will be true and correct. <br />H. It is not in violation of any provisions of its charter or of the laws of the State of <br />Mimlesota, and there are no actions, suits, or proceedings pending, or to its la7owledge <br />threatened, before any judicial body or governmental authority against or affecting it <br />relating to the Real Property and, if applicable, Facility, or its ownership interest therein, <br />and it is not in default with respect to any order, writ, injunction, decree, or demand of any <br />court or any governmental authority which would impair its ability to enter into this <br />Agreement, the Declaration, or any document referred to herein, or to perform any of the <br />acts required of it in such documents. <br />L Neither the execution and delivery of this Agreement, the Declaration, or any <br />document referred to herein nor compliance with any of the terms, conditions, <br />requirements, or provisions contained in any of such documents is prevented by, is a breach <br />of, or will result in a breach of, any term, condition, or provision of any agreement or <br />document to which it is now a party or by which it is bound. <br />J. The contemplated use of the Real Property and, if applicable, Facility will not <br />violate any applicable zolung or use statute, ordinance, building code, rule or regulation, or <br />any covenant or agreement of record relating thereto. <br />DEED Greater MN Business Development Public Infrastructure Program g Ver- 2/16/10 <br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt) <br />