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<br /> by December 31, 2018 shall be deferred during any period of the existence of any event of Force
<br /> Majeure, provided that the University shall notify the Commission within fifteen (15) days of the
<br /> onset and fifteen (15) days of the end of the event of Force Majeure. For purposes of this
<br /> Agreement, the term "Force Majeure" means the occurrence of fire, explosion, flood, earthquake,
<br /> drought, embargo, war, riot, act of God or of public enemy, an act of governmental authority,
<br /> agency or entity, shortages of fuel,power,materials or supplies,transportation delays,or any other f`
<br /> contingency, delay, failure or cause beyond the reasonable control of the University, irrespective
<br /> of whether such contingency is specified herein or is presently occurring or anticipated by the
<br /> University, notwithstanding reasonable efforts to overcome or avoid such matter, provided that a
<br /> lack of financial resources shall not be considered an event of Force Majeure.
<br /> 3.04 Reporting Obligations. On or before January 31 of each year commencing with the
<br /> first calendar year after the Completion Date (each, a "Reporting Date"), the University shall
<br /> report the number of total jobs created within St. Joseph County, Indiana, as of the close of
<br /> business on December 31 of the next preceding year.
<br /> 3.05. Continuing Obligation. If, by the end of the term of the Equipment Lease
<br /> Agreement, the University fails to create the number of jobs at the hourly wages set forth herein
<br /> (the "Employment Obligation"), such failure shall be deemed a default under this Agreement and
<br /> under the Equipment Lease Agreement, and the Commission shall have those default remedies set
<br /> forth in the Equipment Lease Agreement.
<br /> ARTICLE IV. AUTHORITY
<br /> 4.01 Actions. The Commission represents and warrants that it has taken or will take
<br /> (subject to the University's performance of its agreements and obligations hereunder and
<br /> applicable law) such action(s) as may be required and necessary to enable the Commission to I
<br /> execute this Agreement and to carry out fully and perform the terms, covenants, duties and 1
<br /> obligations on its part to be kept and performed as provided by the terms and provisions hereof. I
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<br /> I 4.02 Powers. The Commission represents and warrants that it has full and lawful right,
<br /> power and authority, under currently applicable law, to execute and deliver and perform their
<br /> respective obligations under this Agreement, and that, subject to the conditions described herein,
<br /> all of the foregoing have been or will be duly and validly authorized and approved by all necessary
<br /> proceedings, findings and actions.
<br /> 4.03 Authorized Parties. Whenever under the provisions of this Agreement or any other
<br /> related documents and instruments, any supplemental agreement, request, demand, approval,
<br /> notice or consent of the Commission or the University is required,or any of such parties is required
<br /> to agree or to take some action at the request of another party, such approval or such consent or
<br /> request shall be given (unless otherwise provided herein or prohibited by law) for the
<br /> Commission by the President of the Commission or the written designee of the President, and for
<br /> the University by any officer of the University so authorized; and any person shall be authorized to
<br /> act on any such agreement, request, demand, approval, notice or consent or other action and none
<br /> of the parties hereto shall have any complaint against the other as a result of any such action taken.
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