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7. Notice/Hearing of Termination. In the event that the City determines that the Residentially <br /> Distressed Area designation and associated tax abatement deductions should be terminated or that <br /> all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of <br /> such determination, including a written statement calculating the amount due from the Applicant, <br /> and will provide the Applicant with an opportunity to meet with the City's designated <br /> representatives to show cause why the abatement should not be terminated and/or the tax savings <br /> repaid. Such notice shall state the names of the person with whom the Applicant may meet and <br /> will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange <br /> such meeting and to provide its evidence concerning why the abatement termination and/or tax <br /> savings repayment should not occur. If, after giving such notice and receiving such evidence, if <br /> any, the City determines that the abatement termination and/or the tax repayment action is proper, <br /> the Applicant shall be provided with written notice and a hearing before the SBCC before any final <br /> action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The <br /> Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit <br /> Court. <br /> 8. Repayment. In the event the City requires repayment of the tax abatement savings as <br /> provided hereunder,it shall provide Applicant with a written statement calculating the amount due <br /> (the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty <br /> (120)days of the date of the Statement. If the Applicant does not make timely repayment,the City <br /> shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this <br /> Agreement and the collection of the tax abatement savings required to be repaid hereunder. <br /> 9. Voidance of Previous Agreement. This Agreement supersedes the Memorandum of <br /> Agreement dated April 11,2023, as agreed to by the Applicant and the City. <br /> 10. Modification/Entire Agreement. This Agreement and the schedules attached hereto as <br /> Exhibit A 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 /> understandings, inducements, and conditions, expressed or implied, oral, or written, except as <br /> herein contained. This Agreement may not be modified or amended other than by an agreement <br /> in writing signed by the City and the Applicant. The Applicant understands that any and all filings <br /> required to be made or actions required to be taken to initiate or maintain the abatement are solely <br /> the responsibility of the Applicant. <br /> 11. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, <br /> remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any <br /> single or partial exercise of any right, remedy, power, or privilege preclude any other or further <br /> exercise of the same or of any other right, remedy, power, or privilege with respect to any <br /> occurrence or be construed as a waiver of such right, remedy,power, or privilege with respect to <br /> any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party <br /> asserted to have granted such waiver. <br /> 3 <br />