4.5. SR 07-09-2012 - Laserfiche WebLink

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F. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.OS.W. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by DEED and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either DEED or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of DEED, DEED or the Commissioner of MMB may enforce any or all of the following remedies. A. DEED may refrain from disbursing the Program Grant; provided, however, DEED may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained in herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either DEED or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cunnilative and not exclusive of any rights or remedies that DEED or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of DEED and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off- set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to DEED and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained lalowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting DEED Greater MN Business Development Public Infrastructure Program 13 Ver- 2/16/10 Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)