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3. Applicant's Compliance with City and State Laws. During the term of the abatement, the <br /> Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax <br /> Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this <br /> abatement, the City may annually request information from the Applicant concerning the nature <br /> of the Project, the approved capital expenditure of the Project,the number of full-time permanent <br /> positions newly created by the Project,and the average wage rates and salaries(excluding benefits <br /> and overtime)associated with the positions,and the Applicant shall provide the City with adequate <br /> written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City <br /> shall utilize this information and the information required to be filed by the Applicant in the CF-1 <br /> Compliance with the Statement of Benefits form to verify that the Applicant has at all times <br /> complied with the Commitments after the Commitment Date and during the duration of the <br /> abatement and for no other purpose. The Applicant further agrees to provide the City with such <br /> additional information as requested by the City to determine Applicant's compliance with the <br /> Commitments and with local and state requirements within twenty (20) days following any such <br /> request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City <br /> may be required to disclose certain documents provided by the Applicant as required by a court <br /> order or applicable law. <br /> 4. Substantial Compliance and Rights of Termination. The City,by and through the SBCC, <br /> reserves the right to terminate the Residentially Distressed Area designation and associated <br /> property tax abatement deductions if it reasonably determines that the Applicant has not made <br /> reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of <br /> this Agreement, and the Applicant's failure to substantially comply with the Commitments was <br /> not due to factors beyond its reasonable control,as described in Section 5 below. <br /> 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the <br /> Applicant shall only include factors not reasonably foreseeable at the time of designation <br /> application and submission of Statement of Benefits which are not caused by any act or omission <br /> of the Applicant, and which materially and adversely affect the ability of the Applicant to <br /> substantially comply with this Agreement. Applicant has the burden to communicate to the City <br /> any such factors in which it believes is beyond its control and impacting its ability to fulfill the <br /> terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the <br /> right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible <br /> and may deny Applicant's request upon the completion of the City's investigation. <br /> 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement <br /> the Applicant and their successors and assigns shall: (a)be delinquent or in default with respect to <br /> any tax payment in St. Joseph County, Indiana; or (b) fail to comply with the obligations <br /> established by this Agreement, then the City may immediately terminate the Residentially <br /> Distressed Area designation and associated tax abatement deductions, and upon such termination, <br /> require Applicant to repay all of the tax abatement savings received through the date of such <br /> termination. <br /> 2 <br />