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not limited to this Section, shall require DEED to take any action, incur any expense, or expend
<br />any funds, and DEED shall not be responsible for or liable to the Public Entity or any other
<br />entity for any such acts that are undertaken and performed in good faith and not in a negligent
<br />manner. Any funds expended by DEED to perform such acts as may to necessary to so maintain
<br />the Real Property and, if applicable, Facility shall be due and payable on demand by DEED and
<br />bear interest from the date of advancement by DEED at a rate equal to the lesser of the maximum
<br />interest rate allowed by law or 18% per annum based upon a 365 day year.
<br />Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or
<br />cause to be maintained books, records, documents and other evidence pertaining to the costs or
<br />expenses associated with the Project and operation of the Real Property and, if applicable,
<br />Facility needed to comply with the requirements contained in this Agreement, the G.O.
<br />Compliance Legislation, the Commissioner's Order, and the State Program Enabling Legislation,
<br />and upon request shall allow or cause the entity which is maintaining such items to allow DEED,
<br />auditors for DEED, the Legislative Auditor for the State of Mimlesota, or the State Auditor for
<br />the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity
<br />shall use or cause the entity which is maintaining such items to use generally accepted
<br />accounting principles in the maintenance of such items, and shall retain or cause to be retained
<br />(i) all of such items that relate to the Project for a period of 6 years from the date that the Project
<br />is fully completed and placed into operation, and (ii) all of such items that relate to the operation
<br />of the Real Property and, if applicable, Facility for a period of 6 years from the date such
<br />operation is initiated.
<br />Section 7.05 Inspections by State Entity. Upon reasonable request by DEED and
<br />without interfering with the normal use of the Real Property and, if applicable, Facility, the
<br />Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a
<br />Use Contract for any portion of the Real Property and, if applicable, Facility to allow DEED to
<br />inspect the Real Property and, if applicable, Facility.
<br />Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
<br />possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
<br />applicable, Facility, to comply with all of the provisions and restrictions contained in the
<br />Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes
<br />that exists as of the date of this Agreement and as such may subsequently be amended, modified
<br />or replaced from time to time.
<br />Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in
<br />discriminatory employment practices regarding the Project, or operation or management of the
<br />Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully
<br />comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes
<br />that exist as of the date of this Agreement and as such may subsequently be amended, modified
<br />or replaced from time to time.
<br />Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of
<br />the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2
<br />and 176.182, as they may be amended, modified or replaced from time to time, with respect to
<br />the Project and the operation or management of the Real Property and, if applicable, Facility.
<br />DEED Greater MN Business Development Public Infrastructure Program 27 Ver- 2/16/10
<br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)
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