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<br /> Rural Economic Development Grant Agreement,Private Owner
<br /> BUILDING REUSE PROGRAM--Revision#3 2020-025.3201.2587
<br /> to the Grant Agreement, the LBC or the Project. Likewise,the Governmental Unit
<br /> shall ensure that the Owner and any Business provide the same access. In addition,
<br /> the Govetwnental Unit agrees to comply at any time, including after the Termination
<br /> Date,with any requests by the State(including, without limitation,the Rural
<br /> Authority or Commerce) for other financial and organizational materials to permit the
<br /> State to comply with its fiscal monitoring responsibilities or to evaluate the short-and
<br /> long-range impact of its programs,
<br /> 10. Termination;Availability of Funds.
<br /> (a). If the Governmental Unit fails to fulfill in a timely and proper manner its obligations
<br /> or violates any of the covenants or stipulations under this Agreement, if the Owner
<br /> fails to fulfill in a timely and proper manner its obligations or violates any of its
<br /> covenants or stipulations under the LBC or if any Business fails to fulfill those
<br /> requirements applicable to it in the LBC,the Governmental Unit agrees that
<br /> Commerce has the right to terminate this Grant Agreement and/or the LBC by giving,
<br /> as applicable,the Governmental Unit or the Governmental Unit and the Owner
<br /> written notice specifying the Termination Date, which Commerce may determine In
<br /> its sole discretion. Upon such termination, Commerce shall have no responsibility to
<br /> make additional Grant payments. Upon such termination, the Governmental Unit
<br /> shall not expend any Grant funds(including Loan funds)without Commerce's
<br /> express written authorization and shall return all unspent Grant funds to Commerce
<br /> upon demand,
<br /> (b). The obligations of the Rural Authority and/or Commerce to pay any amounts under
<br /> this Grant Agreement are contingent upon the availability and continuation of funds
<br /> for such purpose. If funds for the Grant(and therefore the Loan)become unavailable,
<br /> the Governmental Unit agrees that Commerce has the right to terminate this Grant
<br /> Agreement and/or the LBC by giving written notice specifying the Termination Date,
<br /> which Commerce shall determine In its sole discretion, Upon such termination,the
<br /> State shall have no responsibility to make additional Grant payments. Further,upon
<br /> such termination,the Governmental Unit shall not expend any Grant funds(including
<br /> Loan funds) without Commerce's express written authorization and shall return all
<br /> unspent Grant funds to Commerce upon demand.
<br /> 11, Liabilities and Loss. Tha Governmental Unit hereby agrees to release,indemnify and hold
<br /> harmless the State(including, without limitation,the Rural Authority and Commerce),and
<br /> their respective members,officers,directors, employees,agents and attorneys(together,the
<br /> "Indemnified Parties"), from any claims of third parties(including,without limitation,the
<br /> Owner and the Business) arising out of any act or omission of the Governmental Unit or
<br /> any third party(including,without limitation, the Owner and the Business) in connection
<br /> with the performance of this Grant Agreement,the LBC or the Project,and for all losses
<br /> arising from their implementation. Without limiting the foregoing, the Governmental Unit
<br /> hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are
<br /> not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against,
<br /> any and all liability or loss,cost or expense, including, without limitation,reasonable
<br /> Grant Agreement-6
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