Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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the Consultant within 21 business days in the same amount as the Authority's disbursement. Nothina in this Section shall prevent the Authority in its discretion from distributing (1) part of the SEP Funds to the SEP Recipient following the Authority's receipt of a completed progress milestone report submitted by the Consultant evidencing completion of part of the Project Activities or (2) all of the SEP Funds to the SEP Recipient following the Authority's receipt of a disbursement request, subject to the Authority's reviewing any such matters after later completion of all or part of the Project Activities. D. Limitation of Use of SEP Funds In the event contaminants of concern ("Unknown Contaminants"), in any media (or in any containers) are discovered, the Authority is under no obligation to fund the cost of addressing any issues caused and/or threatened by such Unknown Contaminants. In the event that additional activity related to such Unknown Contaminants is deemed necessary or beneficial by the Authority and the SEP Recipient, such supplemental activity may be considered for reimbursement by the Authority only following the acceptance by the Authority of (a) the Consultant's change order, which order shall describe the nature and cost of the proposed additional activity, or (b) an Additional Consultant pursuant to an Additional Consultant Supplement in the manner as set forth in Section 3A herein. A. General Notwithstanding any provision of this Agreement to the contrary, in the event any Project Activities (including satisfaction of any Investment requirement, if applicable) are not completed to the satisfaction of the Authority consistent with this Agreement by any Completion Deadline Date or the SEP Recipient is adjudged, by final, non -appealable order, to be a party responsible for causing or contributing to the contamination being addressed with SEP Funds, the SEP Recipient acknowledges, understands and agrees that it will be obligated to repay an amount equal to the SEP Funds disbursed to or for the benefit of the SEP Recipient ("Repayment Amount"). & Repayment Amount Greater Than or Equal to $25,000 A Repayment Amount greater than or equal to $25,000 shall commence with an initial repayment to be made by the SEP Recipient to the Authority on that date which is the first day of the fourth calendar month that follows the second annual anniversary of the Effective Date, and shall continue quarterly thereafter on the first day for the next 19 quarters. Each of such 20 payments shall be approximately equal in amount and shall in total equal the Repayment Amount. If requested by the Authority, the SEP Recipient agrees to execute a note (in a form approved by the Authority) payable to the Authority (or its designee) in a principal sum and with such terms to evidence its obligation under this Section and to deliver the same to the Authority within 14 days after being presented with such a note. The SEP recipient may also pay the Repayment Amount to the Authority in full at any time prior to the end of the five-year repayment period. C. Repayment Amount Less Than $25,000 A Repayment Amount less than $25,000 shall be repaid in full by the SEP Recipient on or before that date which is the first day of the fourth calendar month that follows the second annual anniversary of the Effective Date. If requested by the Authority, the SEP Recipient agrees to execute a note (in a form approved by the Authority) payable to the Authority (or its designee) in a principal sum and with such terms to evidence its obligation under this Section and to deliver the same to the Authority within 14 days after being presented with such a note. The SEP Recipient may also pay the Repayment Amount to the Authority in full at any time prior to the payment deadline under this paragraph. If the Authority, through monitoring or reviewing of the Project Activities or otherwise, determines that the SEP Recipient is not performing or completing the Project Activities in accordance with its obligations under this Agreement, the Authority may inform the SEP Recipient of such determination. The SEP Recipient acknowledges and agrees that if it does not (a) use the SEP Funds as agreed or (b) correct any reasonable non-compliance determination by the Authority within a reasonable time, it shall forfeit any right to additional disbursements and