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5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed
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5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed
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11/27/2024 2:15:08 PM
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11/27/2024 2:14:56 PM
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Board of Public Works
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11/27/2024 2:15 PM
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11/27/2024 2:15 PM
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https://transparency.iedc.in.gov/
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Page 17 of 21 <br />Grantee: GLC Madison Development Corp. <br />7410 Aspect Drive, Suite 100 <br />Granger, IN 46530 <br />Attn: Bradley J. Toothaker, President <br />Sponsor: GLC Madison Development Corp. <br />7410 Aspect Drive, Suite 100 <br />Granger, IN 46530 <br />Attn: Richard J. Deahl, General Counsel <br />Any party may change its mailing address by serving written notice of such change and of <br />such new address upon the other party. <br />25.PERIODIC MONITORING REVIEWS. The IEDC may carry out periodic <br />monitoring reviews (“Periodic Monitoring Reviews”) of the RDA and/or the Project, as deemed <br />appropriate by the IEDC. The Grantee shall extend to the IEDC and/or RDA and its authorized <br />designees its full cooperation and give full access to its Project sites and to relevant documentation. <br />The RDA shall not be required to provide the Grantee advance notice of such Periodic Monitoring <br />Reviews except as reasonably required to make sure the necessary individuals and materials are <br />available. Grantee shall cooperate in such monitoring and evaluation efforts and shall produce all <br />documentation reasonably requested by the IEDC. The IEDC shall designate the location of the <br />Periodic Monitoring Reviews (e.g., onsite, the IEDC’s premises or at a location of the RDA’s). <br />Periodic Monitoring Reviews may consist of the following: (i) whether a Project’s activities are <br />consistent with those set forth in this Agreement, the approved Claim Form, the RDP, or any <br />additional information or documentation the RDA has submitted to the IEDC; (ii) a complete, <br />detailed analysis of actual non-public funds, State support, and other public funds expended to date <br />on the on a Project and conformity with a Claim Form; (iii) a detailed listing of a Project’s costs <br />by Project budget line item which are accrued yet unpaid, if applicable; (iv) a written evaluation <br />of a Project with respect to the RDA and/or Grantee’s timely progress in Project management, <br />financial management, control systems, procurement systems and methods, and performance <br />relative to timely submission of the RDA’s quarterly progress reports required pursuant to the <br />IEDC Agreement. Grantee shall take all actions reasonably necessary to correct or cure any issues <br />identified by the IEDC during its Periodic Monitoring Reviews. Failure to do so may allow the <br />RDA to suspend or terminate this Agreement. In the event that the IEDC requests a final audit <br />following the completion of the Project, the Grantee shall cooperate with such audit and any and <br />all other requests for monitoring or evaluation efforts required by the RDA or the IEDC. <br />26.DISCLOSURE OF PUBLIC RECORDS. Grantee understands that this <br />Agreement is a public record as defined by the Indiana Access to Public Records Act (Indiana <br />Code § 5-14-3-1, et seq. (“APRA”)), and, once fully executed, will be posted on the IEDC’s <br />transparency portal, which is available at https://transparency.iedc.in.gov. The Claim Form and <br />any reports submitted to the IEDC by the RDA under this Agreement are also public documents <br />and are subject to public inspection pursuant to the Indiana Access to Public Records Act.
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