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9, Conditions for Payments of Eligible Costs: The Recipient may use funds available under <br />this Agreement to cover any costs incurred in following the above land acquisition procedures and <br />as otherwise set out in the Work Program attached as Exhibit A and the List of Deliverable <br />Products and Related Budget attached as Exhibit B subject to the following conditions: <br />a. The Recipient will not be entitled to use funds available under this Agreement for any land <br />value costs in excess of 110 percent of appraised value. <br />b. In those instances set out above where DNR review and approval of an appraisal, legal <br />description, title work or environmental assessment is required, the Recipient assumes the risk <br />that its costs will not be covered under this Agreement if the Recipient purchases the real <br />property or interest in real property before receiving the required prior DNR certification or <br />approval. <br />c. Eligible costs incurred in the purchase of real property or an interest in real property must be <br />documented by: <br />1) A copy of the letter containing landowner information signed by the seller. <br />2) A copy of the environmental review document. <br />3) A copy of any required appraisal or other documentation of value of the real property or <br />interest in real property purchased. <br />4) The legal description of the real property or interest in real property purchased and any <br />required survey. <br />5) Evidence of title as required above or as otherwise agreed to by the Attorney General. <br />6) Evidence of the amount paid or to be paid for the real property or interest in real property. <br />10. Payments to DNR: The Recipient may use or direct funds available under this Agreement to <br />cover costs incurred by DNR for appraisals, title review or other similar direct expenses related to <br />DNR's acquisition of any interest in real property purchased by the Recipient under this <br />Agreement. Recipient may not use funds available under this Agreement to cover these costs if <br />assessed on the basis of a percentage of the fair market value of the interest in real property being <br />acquired. <br />37 <br />