6.F.(2) Tech Dev Grant Fund Grant Agreement

Home Browse Search

PROJECT LD._ 461499 As a condition of receiving a grant from the Technology Development Grant Fund, Grantee expressly warrants to the State that it is a "redevelopment commission", has jurisdiction over a certified technology park established under Indiana Code § 36-7-32, is statutorily eligible to receive monies from said fund under fndiana Code § 5-28-10 for said park. Grantee also represents that is has full authority to complete the Project as described at Exhibit A. Should any court of competent jurisdiction or a regulatory agency finds that Grantee legally ineligible to receive this grant or that Grantee used the grant funds in a way that is unauthorized by law, Grantee expressly agrees to repay all monies paid to it under this Agreement. 9. USE OF GRANT FUNDS BY GRANTEE: Grant funds received by the Grantee pursuant to this Agreement shall be used only to reimburse the Grantee for instituting an approved TDGF project permitted by Indiana Code § 5-28-10 and no other purpose. The Grantee proposes to construct the public facilities (as defined Indiana Code § 36-7-32-g) identified in Exhibit A. The Grantee shall predominantly use said public facilities as either as a community laboratory (for the facilities' tenants) or as a business incubator for their respective useful lives as determined in accordance with federal income tax depreciation schedules, and the Grantee shall repay the Grantor the entirety of this grant should a continued violation of said covenant persist after receipt of thirty (30) days written notice from the Grantor of said violation. Grantee further agrees to execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. The Grantee certifies that no other state or federal funds from any source will be used to finance activities reimbursed under this Agreement. 10. COMPLIANCE WITH LAWS: (A.) The Grantee agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and the Grantee to determine whether the provisions of the Grant Agreement require formal modification. (B.) The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the Grantee and the State of Indiana, as set forth in Indiana Code § 4-2-6 et seq., Indiana Code § 4-2-7 et sea, the regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004. If the Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at http:!/www.in.gov/ethics/. If the Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Grant Agreement immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under Indiana Code § 4-2-6-12. (C.) The Grantee certifies by entering into this Grant Agreement, that neither it nor its principal(s) is presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the Grantor or the State of Indiana. Further, the Grantee agrees that any payments in arrears and currently due to the Grantor or the State of Indiana may be withheld from payments due to the Grantee. Additionally, further work or payments may be withheld, delayed, or denied and/or this Grant Agreement suspended until the Grantee is current in its payments and has submitted proof of such payment to the Grantor. (D.) The Grantee warrants that it has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending, and agrees that it will immediately notify the State of any such actions. During the term of such actions, Grantee agrees that the State may delay, withhold, or deny work under any Supplement or contractual device issued pursuant to this Grant Agreement. PAGE 5 of 12