6G(4) SubGrant Agreement Technology Park

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(C.) Copies of the fore~oin>? Notices shall be sent by the entit ivin~ the Notice to• THE INDIANA ECONOMIC DEVELOPMENT CORPORATION Finance & Administrative Services Division Office of Development Finance One North Capitol Avenue, Suite 700 Indianapolis, Indiana 46204-2288 Notices, statements or other communications shall be deemed delivered when received. 18. ORDER OF PRECEDENCE: Any inconsistency or ambiguity in the Grant Agreement shall be resolved by giving precedence in the following order: (1) the State Grant Agreement (including its exhibits), (2) this Subgrant Agreement (including its exhibits), (3) Indiana Economic Development Corporation guidelines, (4) all grant application requirements and guidelines, and (5) the Grant Application. 19. [RESERVED] 20. TERMINATION OF GRANT AGREEMENT: This Agreement may be terminated with or without cause by the Grantee or the Grantor before its Expiration Date by sending the Grantee or the Grantor written notice via certified mail, return receipt requested, at least thirty (30) days prior to the date of termination. Upon receipt of this notice from the Grantor to the Grantee, no new or additional liabilities payable by the Grantor shall be incurred without the prior written approval of the Grantor. The Grantee shall continue to be responsible and liable for the proper performance of its obligations to the date of termination. In the event of such termination by either party, the State may perform an on-site monitoring review of all Project expenditures and complete a Monitoring Report, as described in Paragraph 4 of this Agreement, with respect to the Grantee's proper expenditure of all grant funds and company matching funds through the date of termination. 21. ASSIGNMENT: This Agreement binds the Grantee's successors and assignees to all terms and conditions of this Agreement. Grantee shall not assign, subgrant or subcontract the whole or any part of the Project unless it was specifically identified in the original Proposal or has been approved in writing by the Grantor. This Agreement shall bind the Grantee's successors and assignees to all terms and conditions of this Agreement. Grantor may assign Grantor's rights under this Subgrant Agreement to the State without notice to or obtaining the consent of Grantee, and the Grantee hereby accepts any such assignment by the Grantor without further notice. 22. HOLD HARMLESS: Grantee shall indemnify, defend, and hold harmless the Grantor and the State and their respective agents, officers, employees and representatives from all claims and suits for loss or damage to property, including the loss of use thereof, and injuries to or death of 14 F:\*.*\Projects-Miscellaneous\Tech Park\Subgrant Agreement-Notre Uame (2) 8.17.09