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Memorandum of Agreement <br /> Page 3 of 6 <br /> 6. Repayment of Tax Abatement Savings. If at any time during the term of this <br /> Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in <br /> St. Joseph County, Indiana; or (ii) cease operations at the facility for which the tax abatement <br /> was granted; or (iii) announce the cessation of operations at such facility, then the City may <br /> immediately terminate the Economic Revitalization Area designation and associated tax <br /> abatement deductions, and upon such termination, require Applicant to repay all of the tax <br /> abatement savings received through the date of such termination. <br /> 7. Notice/Hearing of Termination. In the event that the City determines that the <br /> Economic Revitalization Area designation and associated tax abatement deductions should be <br /> terminated or that all or a portion of the tax abatement savings should be repaid, it will give the <br /> Applicant notice of such determination, including a written statement calculating the amount due <br /> from the Applicant, and will provide the Applicant with an opportunity to meet with the City's <br /> designated representatives to show cause why the abatement should not be terminated and/or the <br /> tax savings repaid. Such notice shall state the names of the person with whom the Applicant <br /> may meet and will provide that the Applicant shall have thirty days from the date of such notice <br /> to arrange such meeting and to provide its evidence concerning why the abatement termination <br /> and/or tax savings repayment should not occur. If, after giving such notice and receiving such <br /> evidence, if any, the City determines that the abatement termination and/or the tax repayment <br /> action is proper, the Applicant shall be provided with written notice and a hearing before the <br /> SBCC before any final action shall be taken terminating the abatement and/or requiring <br /> repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. <br /> Joseph County Superior or Circuit Court. <br /> 8. Repayment. In the event the City requires repayment of the tax abatement <br /> savings as provided hereunder, it shall provide Applicant with a written statement calculating the <br /> amount due (Statement), and Applicant shall make such repayment to the City within 30 days of <br /> the date of the Statement. If the Applicant does not make timely repayment, the City shall be <br /> entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of <br /> the tax abatement savings required to be repaid hereunder. <br /> 9. Modification/Entire Agreement. This Agreement and the schedules attached <br /> hereto contain the entire understanding between the City and the Applicant with respect to the <br /> subject matter hereof, and supersede all prior and contemporaneous agreements and <br />