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r]+r 6 '!. N 4 'raw <br /> y }r 1 t 3.,r.._. <br /> fJ <br /> 'till 1 J <br /> Memorandum of Agreement . <br /> Page 3 of 6 r' ;.: <br /> 1 of the Applicant and which materially and adversely affect the ability of the Applicant to <br /> N . ' t substantially comply with this Agreement. <br /> i <br /> ,1 t 1 6. Repayment of Tax Abatement Savings. if at any time during the term of this !>• <br /> " 4 Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in <br /> :� ,a l St. Joseph County, Indiana; or (ii) cease operations at the facilit for which the tax abatement <br /> � {_. � p Y C�) p facility � <br /> I was granted; or (iii) announce the cessation of operations at such facility, then the City may r s,,,,. <br /> :,,,, , <br /> immediately terminate the Economic Revitalization Arca designation and associated tax <br /> I abatement deductions, and upon such termination, require Applicant to repay all of the tax <br /> x. <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 /> l Economic Revitalization Area designation and associated tax abatement deductions should be ` <br /> f .. <br /> 1 t <br /> s ° 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 /> s <br /> designated representatives to show cause why the abatement should not be terminated and/or the ei <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 /> r ' <br /> and/or tax savings repayment should not occur. If, after giving such notice and receiving such <br /> j , <br /> x evidence, if any, the City determines that the abatement termination and/or the tax repayment <br /> r ; . <br /> ).'1.::', <br /> ii. 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 /> t 4 '' O. <br /> i 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 /> . <br /> savings as provided hereunder, it shall provide Applicant with a written statement calculating the <br /> .4.f <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 /> { <br /> Y <br />