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2. That the Grantee has acquired and recorded all easements and other interests in real <br />property necessary to the construction, use and/or maintenance of the Project; <br />3. That notices of non -responsibility are recorded for all private property improved by <br />the Project (see Exhibits C-1 and C-2); <br />4. That the Grantee has provided for liability insurance and an endorsement, or is self- <br />insured, as described in the "LIABILITY" section of this Agreement; and <br />5. That the Grantee has provided for fire and other loss insurance as described in the <br />"LOSS INSURANCE" section of this Agreement. <br />Notwithstanding the above, the Grantee may commence preparation of plans, specifications and <br />engineering work upon meeting conditions set forth in subsections A and B.1 of this section, and <br />upon ABAG's review and approval of a separate work program (tasks, budget and timeline) and <br />approval of any contractors that the Grantee will retain to perform the work. <br />III. TERM OF AGREEMENT <br />This Agreement shall be deemed executed and effective when signed by both parties and <br />received in the offices of ABAG together with the resolution described in the "CONDITIONS <br />PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this Agreement. <br />This Agreement shall run from its effective date through December 31, 2037 ("the termination <br />date") unless otherwise terminated or amended as provided in this Agreement. However, all <br />work shall be completed by December 31, 2009. <br />-2- Construction Grant Agreement - 2008 <br />