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utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if
<br />applicable, Facility, in violation of any law, ordinance or regulation.
<br />If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
<br />accordance with the provisions contained in this Section, then the State Entity may perform
<br />whatever acts and expend whatever funds that are necessary to so maintain the Real Property
<br />and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State
<br />-Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
<br />necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or
<br />funds expended by the State Entity hereunder shall be at its sole option and discretion, and
<br />nothing contained herein, including but not limited to this Section, shall require the State Entity
<br />to take any action, incur any expense, or expend any funds, and the State Entity shall not be
<br />responsible for or liable to the Public Entity or any other entity for any such acts that are
<br />undertaken and performed in good faith and not in a negligent manner. Any funds expended by
<br />the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if
<br />applicable, Facility shall be due and payable on demand by the State Entity and bear interest from
<br />the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest
<br />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, and the Commissioner's Order, and upon request shall allow or cause
<br />the entity which is maintaining such items to allow the State Entity, auditors for the State Entity,
<br />the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of
<br />Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or
<br />cause the entity which is maintaining such items to use generally accepted accounting principles
<br />in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that
<br />relate to the Project for a period of 6 years from the date that the Project is fully completed and
<br />placed into operation, and (ii) all of such items that relate to the operation of the Real Property
<br />and, if applicable, Facility for a period of 6 years from the date such operation is initiated.
<br />Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity
<br />and 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 the State
<br />Entity to 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 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 />Generic GO Bond Proceeds 28 Ver — 6/26/08
<br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt)
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