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SUB-GRANT AGREEMENT <br />BY AND BETWEEN <br />THE CITY OF SOUTH BEND, INDIANA <br />AND <br />THE UNIVERSITY OF NOTRE DAME DU LAC <br />and on behalf of <br />Innovation Park at Notre Dame <br />THIS AGREEMENT, entered into by and between THE CITY OF SOUTH BEND, <br />INDIANA, DEPARTMENT OF REDEVELOPMENT (hereinafter referred to as the <br />"Grantor") and the UNIVERSITY OF NOTRE DAME DU LAC (hereinafter referred to as the <br />"Grantee") is executed pursuant to the terms and conditions set forth herein, and shall be dated as <br />of the date of final execution by all parties hereto. In consideration of those mutual undertakings <br />and covenants provided herein, the parties agree as follows: <br />1. PURPOSE OF AGREEMENT: <br />The purpose of this Agreement is to enable the Grantor to make asub-grant to the above- <br />named Grantee from the funds received from Procurement Request No. 02- <br />08CH11514.000, for Construction Grant No. DE-FG02-08CH11514 (the "DOE Grant"), <br />attached hereto as Exhibit B, administered by the U.S. Department of Energy, Office of <br />Science, (the "DOE") and entitled `laboratory Equipment for Biological and <br />Environmental Research " in the amount of Seven Hundred Fifty Thousand Dollars <br />($750,000.00) (the "Grant Funds"). The Grantee has worked together with the Grantor in <br />the development of a research facility constructed on Grantee's 13-acre site immediately <br />south of the University of Notre Dame campus located at 1400 Angela Blvd, South Bend, <br />Indiana, operated by Innovation Park at Notre Dame ("IPND"). The Grant Funds are to <br />be used for the acquisition of certain specialized laboratory equipment, set forth in <br />Exhibit A, (the "Project") to be used in IPND. The grant provided for herein shall be <br />used exclusively in accordance with the provisions contained in this Agreement and for <br />no other purpose. <br />2. TERM OF AGREEMENT: <br />The term of this Agreement shall be from the date of execution until December 31, 2009 <br />(the "Term"), unless sooner terminated as described in Paragraph 15. The investments <br />shall be expended or otherwise committed by Grantee no later than December 31, 2009 <br />(the "Goal Date"). <br />3. DESIGN AND IMPLEMENTATION OF PROJECT: <br />The Grantee shall be solely responsible for the selection and acquisition of certain <br />specialized laboratory equipment, set forth in Exhibit A, to be used in IPND and as <br />described in the DOE Grant. The Grantor has no responsibility for such selection or <br />acquisition. Grantee acknowledges that neither DOE nor the Grantor has had or will <br />have any involvement or responsibility regarding said selection or acquisition. Any <br />substitutions made to the selection of equipment contained in Exhibit A shall be subject <br />to approval by the DOE. In the event that the DOE does not approve a selection <br />