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2.02 Provision of Documents. The Commission agrees to provide the University with <br /> copies of any ordinances, resolutions, agreements or other documents that relate to this <br /> Agreement. <br /> ARTICLE III. REPRESENTATIONS AND COVENANTS <br /> OF THE COMMISSION AND THE UNIVERSITY <br /> 3.01 Amendment to MOU. The City, the Commission and the University shall amend the <br /> MOU (the "MOU Amendment"), which currently allocates the CTP Revenues equally between <br /> Innovation Park and Ignition Park until each receives $2.5 million of CTP Revenues. Under the <br /> MOU Amendment, the University will consent to adjust this allocation such that Ignition Park <br /> shall receive an aggregate amount of $3,200,000 of CTP Revenues and Innovation Park shall <br /> receive the balance of CTP Revenues not to exceed the amount of $1,800,000. CTP Revenues <br /> above $5,000,000 will be allocated pursuant to the MOU Amendment. <br /> 3.02 Equipment Lease Agreement. The Commission shall use its best efforts to acquire <br /> the Equipment, to be funded through TIF Revenues from the Area, pursuant to the Act and subject <br /> to further requirements of Indiana law with the assistance of the University, at a cost not to exceed <br /> $5,500,000. In connection therewith, the Commission and the University shall cooperate together <br /> in good faith with regard to the selection and pricing of the Equipment. In conjunction with the <br /> Commission's acquisition of the Equipment, the Commission shall undertake a disposition <br /> process to permit the Commission and the University to enter into an Equipment Lease Agreement <br /> in substantially the form on the attached Exhibit A (the "Equipment Lease Agreement"). The <br /> Equipment Lease Agreement shall, among other things, provide for the lease of the Equipment by <br /> the University from the Commission, at a rental payment amount that is based upon the <br /> University's agreement to undertake the Project and create the jobs as set forth herein. The <br /> Equipment Lease Agreement shall provide (i)that the University shall prepay any and all amounts <br /> due under the Equipment Lease Agreement, (ii) that all amounts due under the Equipment Lease <br /> Agreement shall not exceed $2,750,000, unless the University defaults under the terms of the <br /> Equipment Lease Agreement, and (iii) that the University shall have an option to buy the <br /> Equipment as provided in the Equipment Lease Agreement. <br /> 3.03 Acknowledgement and Representations of the University. The University <br /> acknowledges that the Commission is committing TIF Revenues from the Area for the purchase of <br /> the Equipment upon the representation of the University that the University shall (i) upon the <br /> Commission's acquisition of the Equipment and the delivery of the Equipment, prepay to the <br /> Commission any rent due and owing under the Equipment Lease Agreement, in the amount of <br /> $2,750,000, (ii) promptly proceed with the Project by negotiating a lease with a landlord for the <br /> Project Site, and (iii) will create 57 new jobs=within St. Joseph County, with expected average <br /> hourly wages of between Eighteen Dollars ($18) per hour and Twenty-Eight Dollars ($28) per <br /> hour. Any failure of the University to provide the stated number of jobs at the stated hourly rates <br /> shall be considered a default under this Agreement and under the Equipment Lease Agreement. <br /> Any failure by the University to have the Project operational by December 31, 2018, pursuant to <br /> this Section 3.03 may be considered by the Commission a default under this Agreement and under <br /> the Equipment Lease Agreement. The obligations of the University to have the Project operational <br /> 3 <br />