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4.5. SR 07-09-2012
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4.5. SR 07-09-2012
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7/6/2012 4:13:19 PM
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7/9/2012
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Section 6.03 Condition Precedent to Any Payment. The obligation of DEED to make <br />any payment hereunder (including the initial payment) shall be subject to the following <br />conditions precedent: <br />A. DEED shall have received a Draw Requisition for such payment specifying the <br />amount of funds being requested, which such amount when added to all prior requests for <br />an payment shall not exceed the amount of the Program Grant delineated in Section 1.01. <br />B. DEED shall have received a duly executed Declaration that has been duly <br />recorded in the appropriate governmental office, with all of the recording information <br />displayed thereon, or evidence that such Declaration will promptly be recorded and <br />delivered to DEED. <br />C. DEED shall have received evidence, in form and substance acceptable to <br />DEED, that (i) the Public Entity has legal authority to and has taken all actions necessary <br />to enter into this Agreement and the Declaration, and (ii) this Agreement and the <br />Declaration are binding on and enforceable against the Public Entity. <br />D. DEED shall have received evidence, in form and substance acceptable to <br />DEED, that the Public Entity has sufficient funds to fully and completely pay for the <br />Project and all other expenses that may occur in conjunction therewith. <br />E. DEED shall have received evidence, in form and substance acceptable to <br />DEED, that the Public Entity is in compliance with the matching funds requirements, if <br />any, contained in Section 7.23. <br />F. DEED shall have received evidence, in form and substance acceptable to <br />DEED, showing that the Public Entity possesses the ownership interest delineated in <br />Section 2.02. <br />G. DEED shall have received evidence, in form and substance acceptable to <br />DEED, that the Real Property and, if applicable, Facility, and the contemplated use thereof <br />are permitted by and will comply with all applicable use or other restrictions and <br />requirements imposed by applicable zoning ordinances or regulations, and, if required by <br />law, have been duly approved by the applicable municipal or goverlunental authorities <br />having jurisdiction thereover. <br />H. DEED shall have received evidence, in form and substance acceptable to <br />DEED, that that all applicable and required building permits, other permits, bonds and <br />licenses necessary for the Project have been paid for, issued, and obtained, other than those <br />permits, bonds and licenses which may not lawfully be obtained until a future date or those <br />permits, bonds and licenses which in the ordinary course of business would normally not <br />be obtained until a later date. <br />L DEED shall have received evidence, in form and substance acceptable to <br />DEED, that that all applicable and required permits, bonds and licenses necessary for the <br />operation of the Real Property and, if applicable, Facility in the manner specified in <br />Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and <br />DEED Greater MN Business Development Public Infrastructure Program 22 Ver- 2/16/10 <br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt) <br />
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