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<br />noted on the Certificate, and shall not be less than an A-.
<br />
<br />5.2 Provide a copy of the No Further Action Determination letter for the
<br />PROJECT issued by the Minnesota Pollution Control Agency (MPCA) to
<br />AUTHORITY by December 31, 2021.
<br />
<br /> 5.3 The GRANTEE further agrees that it is financially responsible (liable) for
<br />any audit exception which occurs due to its negligence or failure to
<br />comply with the terms of the Agreement. The GRANTEE and
<br />AUTHORITY mutually agree to hold harmless and defend each other,
<br />their officials, officers, employees, agents, representatives, customers, or
<br />invitees against any and all claims, lawsuits, damages, or lawsuits for
<br />damages arising from or allegedly arising from or related to the
<br />PROJECT, including but not limited to the GRANTEE's or the
<br />AUTHORITY's acts, failure to act, or failure to perform its obligations
<br />hereunder. The GRANTEE and AUTHORITY further agree to pay the
<br />costs of and/or reimburse each other, their officials, officers, employees,
<br />agents, representatives, customers, or invitees for any and all liability,
<br />costs, and expenses (including without limitation reasonable attorney's
<br />fees) incurred in connection therewith. Each party shall promptly notify
<br />the other of any claim made for any such damage or loss and afford that
<br />party and its counsel the opportunity to contest, compromise, or settle such
<br />claim.
<br />
<br /> 5.4. Promptly pay and discharge all taxes, assessments and other governmental
<br />charges imposed upon it or upon its income and profits or upon the
<br />PROPERTY, and any and all claims for labor, material or supplies or
<br />rental charges or charges of any other kind which, if unpaid, might by law
<br />become a lien or charge upon the PROPERTY, provided, however, that
<br />GRANTEE shall not be required to pay any such tax, assessment, charge
<br />or claim, if GRANTEE is contesting the validity of such matters, in good
<br />faith, through appropriate proceedings, and GRANTEE sets aside on its
<br />books adequate reserves the payment of such claims.
<br />
<br /> 5.5. Maintain the PROPERTY in good repair, working order and condition and
<br />from time to time make or cause to be made all necessary renewals,
<br />replacements and repairs so that at all times GRANTEE's business can be
<br />conducted efficiently.
<br />
<br /> 5.6. Keep true and complete and accurate books of record and account in
<br />accordance with generally accepted accounting principles.
<br />
<br /> 5.7. Until the expiration of six (6) years after the termination of this GRANT
<br />AGREEMENT, the GRANTEE, upon written request, shall make
<br />available to the AUTHORITY, Ramsey County, the State Auditor or the
<br />AUTHORITY’s ultimate funding sources, a copy of the GRANT
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