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EXHIBIT A <br /> modifications"may include, but are not necessarily limited to, a reduction in the total cost of the <br /> Project, a reduction in the size or number of recreational development components to be <br /> constructed, changes to the nature of the recreational development components to be constructed, <br /> or any other variance from the Project as presented in the Project Application. It is the sole <br /> responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO <br /> strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to <br /> make any such modifications, however seemingly minor,to the Project. <br /> 10. Waiver. The Executive Director or the Executive Director's designee may in such <br /> person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, <br /> and 16 of the Agreement, or may permit performance of one or more of such obligations <br /> subsequent to disbursement. <br /> 11. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant <br /> is subject to GOCO's determination in its sole discretion that it has received and has available <br /> sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery <br /> proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in <br /> its discretion, including, but not limited to, adequate reserves, funding requirements and/or <br /> commitments for other past, current and future grants, and past, current and future GOCO <br /> operating expenses and budgetary needs. <br /> 12. Project Operation and Maintenance. <br /> a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for <br /> the purposes specified in the Project Application for a period of 25 years from the date of <br /> completion of the Project or the useful life of the Project, in accordance with product warranties <br /> and/or the generally accepted standards in the parks/recreation community, and provide and <br /> maintain access to the Project and to the Property, regardless of the Property's ownership. <br /> b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by <br /> Grantee under Paragraph 21, below. <br /> c. GOCO shall not be liable for any cost of maintenance, management or operation of the <br /> Project. <br /> d. Within 60 days of a reasonable request by the Board,Grantee will provide the Board with <br /> adequate records reflecting the operating and maintenance costs of the Project and provide the <br /> Board with such other information concerning the use of the Project by the public and the impact <br /> of the Project. <br /> 13. Public Access. Grantee agrees, for itself and its successors in interest,to allow <br /> reasonable public access to the Project for the term specified in Section 12. Grantee may <br /> temporarily close such public access for construction, maintenance, emergency situations,or <br /> other reasonable purposes. <br /> 4 <br />