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Commission intends to cause to be appropriated approximately One Hundred Thirty Eight Thousand and No/100 Dollars ($138,000.00) of funds payable from existing tax increment finance revenue funds allocable to the Area and already collected and on deposit (the "TIF Revenues"); and WHEREAS, the Commission has adopted a resolution approving of the execution of this MOU by the Commission, a copy of which resolution is attached hereto as Exhibit B and incorporated herein. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: ARTICLE I.. RECITALS 1.01 Recitals Part of MOU. The covenants and recitations set forth in the foregoing recitals are material to this MOU and are hereby incorporated into and made a part of this MOU as though they were fully set forth in this Section 1.01. ARTICLE I1. MUTUAL ASSISTANCE 2.01 Mutual Assistance. The parties agree, subject to further proceedings required by law, to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications (and, in the case of the Commission, the adoption of such resolutions), as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this MOU and to aid and assist each other in carrying out said terms, provisions and intent. ARTICLE III. REPRESENTATIONS AND COVENANTS OF THE COMMISSION AND F CUBED 3.01 Equipment Lease Aree_ment. The Commission shall use its best commercial efforts to acquire the Equipment pursuant to the Act and the requirements of Indiana law with the assistance of F Cubed. In connecting therewith, the Commission and F Cubed shall cooperate together in good faith with regard to the selection and pricing of the Equipment. In conjunction with the Commission's acquisition of the Equipment, the Commission shall undertake a disposition process to permit the Commission and F Cubed to enter into an Equipment Lease Agreement in substantially the form attached hereto at Exhibit C. The Equipment Lease Agreement shall, among other things, provide for the lease of the Equipment by F Cubed from the Commission, at a rental payment amount that is substantially discounted upon the condition that F Cubed relocates its South Bend Operations to Ignition Park promptly upon completion of the first multi-tenant facility at Ignition Park. 3.02 F Cubed Relocation to Ignition Park. F Cubed shall promptly, within ninety (90) days of the completion date (the "Completion Date") of the first multi-tenant facility development (the "Development") at Ignition Park, enter into a lease agreement with the - 2 - BDDBOI 9491835N,4