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for a portion of the costs of the Equipment pursuant to the Act, and LIPPERT has agreed, in turn, to complete the South Bend Warehouse project and begin operations, thereby creating the promised jobs,all upon the terms and subject to the conditions set forth herein; and WHEREAS, to provide moneys to pay for a portion of the costs of the Equipment, upon the authorization of the Commission and such other procedures as are required by law, the Commission intends to cause to be appropriated approximately Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) of funds payable from existing tax increment finance revenue funds allocable to the Area and already collected and on deposit(the "TIF Revenues"). 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 Agreement. The covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1.01. ARTICLE II. 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 Agreement and to aid and assist each other in carrying out said terms, provisions and intent. ARTICLE III. REPRESENTATIONS AND COVENANTS OF THE COMMISSION AND LIPPERT 3.01 Equipment Lease Agreement. 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 LIPPERT. In connection therewith, the Commission and LIPPERT 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 LIPPERT to enter into an Equipment Lease Agreement in substantially the form attached hereto at Exhibit B. The Equipment Lease Agreement shall, among other things, provide for the lease of the Equipment by LIPPERT from the Commission,at a rental payment amount that is discounted upon the condition that LIPPERT completes its South Bend Warehouse project and commences operations, thereby creating the promised jobs. 3.02 South Bend Warehouse Project. LIPPERT shall promptly begin its South Bend Warehouse project with an initial expenditure of$725,000 during 2014 and a total of$1,492,500 by 2020. Any failure by LIPPERT to promptly begin its Project or to expend the sum of