6G(2) SubGrant Agreement Innovation Park at Notre Dame

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Grant Funds, or any local or other funds by Project Budget line items described in Exhibit A of this Agreement or in accordance with the substitution process set forth in Paragraph 3 of this Agreement. (C.) The Grantor may require the Grantee to produce satisfactory evidence, in the sole opinion of the Grantor, that substantial progress has been made towards completion of the Project and that the conditions set forth or referenced in this Paragraph 5 have been met, prior to making a payment under this Agreement. All payments are subject to DOE's determination that the Grantee's performance to date conforms to the Project as approved and described in Exhibit A, notwithstanding any other provision of this Agreement to the contrary. In the event that the Grantee fails to show that the progress or completion of the Project conforms to the description and schedule set forth in this Agreement, DOE or the Grantor may impose sanctions against the Grantee or may terminate this Agreement under Paragraph 15 of this Agreement. (D.) As stated in Paragraph 4 (C) of this Agreement, all required reports must be submitted within the time frame allotted. In the event that any required reports are not submitted within the period allotted, the Grantor may withhold authorization for any payment request until such time as the deficiency is corrected. (E.) No travel expenses shall be eligible for reimbursement under this Agreement. (F.) Notwithstanding any other provision of this Agreement, the Grantee expressly agrees that the monies provided herein by the Grantor are limited to the Maximum Amount of Grant Funds as described in Paragraph 1. The Grantor may de-obligate any Grant Funds which have not been expended and drawn down as of the Goal Date. (G.) Failure to complete the Project and expend private funds in accordance with this Agreement may be considered a material breach of the Agreement and shall entitle DOE or the Grantor to impose sanctions against the Grantee including, but not limited to, suspension of all grant payments, and/or suspension of the Grantee's participation in any grant programs until such time as all material breaches are cured to DOE's satisfaction. Sanctions may also include repayment of all Grant Funds received by the Grantee, whether or not they are held or were expended for this Project or accounted for in the Budget. (H.) All payments shall be made in arrears by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from Grantor. The written authorization must designate a financial institution and an account number to which all payments are to be credited. No payments will be made in advance of the receipt of goods or services that are the subject of this Agreement except as permitted by Indiana Code § 4-13-2-20 or by Indiana Code § 5-28-8.