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MnDOT Contract No. 02010 <br />B. No Event of Default under this Agreement or event which would constitute an Event of <br />Default but for the requirement that notice be given or that a period of grace or time elapse <br />shall have occurred and be continuing. <br />C. No determination shall have been made by MnDOT that the amount of funds committed to <br />the Project is less than the amount required to pay all costs and expenses of any kind that <br />may reasonably be anticipated in connection with the Project, or if such a determination has <br />been made and notice thereof sent to the Public Entity under Section 4.03, then the Public <br />Entity has supplied, or has caused some other entity to supply, the necessary funds in <br />accordance with such section or has provided evidence acceptable to MnDOT that sufficient <br />funds are available. <br />D. The Public Entity has supplied to MnDOT all other items that MnDOT may reasonably <br />require. <br />Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and <br />agrees as follows: <br />A. Advances are not made prior to completion of work performed on the Project. <br />B. All Advances are processed on a reimbursement basis. <br />C. The Public Entity must first document expenditures to obtain an Advance. <br />D. Reimbursement requests are made on a partial payment basis or when the Project is <br />completed. <br />E. All payments are made following the "Delegated Contract Process or State Aid Payment <br />Request" as requested and approved by the appropriate district state aid engineer. <br />Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own <br />inspections and observations regarding the completion of the Project, and shall determine to its own <br />satisfaction that all work done or materials supplied have been properly done or supplied in accordance <br />with all contracts that the Public Entity has entered into regarding the completion of the Project. <br />Article V <br />MISCELLANEOUS <br />Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability <br />insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional <br />named insured therein. <br />Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set <br />forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public <br />Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) <br />use the condemnation proceeds to acquire an interest in additional real property needed for the Public <br />Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be <br />needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the <br />remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to <br />acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. <br />13 <br />