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B. If the Public Entity fails to fully comply with any provision, tern, condition, <br />covenant, or warranty contained in this Agreement, the Declaration, or any other document <br />referred to herein. <br />C. If the Public Entity fails to fully comply with any provision, term, condition, <br />covenant, or warranty contained in the requirements of law applicable to the Grant or the <br />State Program Enabling Legislation. <br />Notwithstanding the foregoing, any of the above delineated a pts that cannot be cured <br />shall, unless waived in writing by the State Entity and the Co <br />er of Finance, <br />an Event of Default under this Agreement immediate) u o„ er the State Entity norltute the <br />Commissioner of Finance giving the Public Entity written no P <br />�I , ". h event. <br />Section 2.08 Remedies. Upon the occur <br />thereafter until such Event of Default is cured to <br />Entity or the Commissioner of Finance may enforc <br />A. The State Entity may refrain fro <br />however, the State Entity may make such is <br />of of Default without thereby waiv}jJ0, rights and <br />B. If the Event of Default ds; <br />contained in Section 4.02, then the <br />of this Agreement, Viand that <br />Grant, pro -rated fOPOV eb 9 of the <br />the Event of De �' _ be ret to it <br />such amount a Commisr of F: <br />multiplying the unt of <br />the number of dahe� <br />to the <br />Event ofW- <br />*ult and at any time <br />ksfaction of the <br />,Entity, the State <br />or all of the followm <br />L�edies. <br />bur Phe Pro ram Gn"' <br />g provided, <br />W.", after the occurrence of an Event <br />es hereunder. <br />gyve a ral <br />W,,,Xo comply with the provisions <br />r tt Finan�as a third party beneficiary <br />f 'r Sanding Balance of the Program <br />(this Agred"nent remaining after the date of <br />m such demand the Public Entity shall return <br />The amount returned shall be determined by <br />,times a fraction, the numerator of which is <br />Iefault and the thirtieth anniversary of the <br />and the denominator of which is the number <br />of the Program Grant to the Grantee and the thirtieth <br />If the Event `"•;Default involves a failure to comply with the provisions contained <br />in re #4.02, then � Commissioner of Finance, as a third party beneficiary of this <br />Agreemerrpay de at the Public Entity pay the amounts that would have been paid <br />if there hadrsten and complete compliance with such provisions, and upon such <br />demand the P>k6YptYtity shall pay such amount to the Commissioner of Finance. <br />D. Either the State Entity or the Commissioner of Finance, as a third party <br />beneficiary of this Agreement, may enforce any additional remedies they may have in law <br />or equity. <br />The rights and remedies herein specified are cumulative and not exclusive of any rights or <br />remedies that the State Entity or the Commissioner of Finance would otherwise possess. <br />329826v5 CLL NE136-201 12 <br />