6G(4) SubGrant Agreement Technology Park

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and corresponding addresses/telephone/contact information. ii. Grantee shall maintain the Business Incubator as a "public facility" as defined at Indiana Code § 36-7-32-9(2) and for the purposes described in Indiana Code § 36-7-32-5, for the useful life as determined in accordance with federal income tax depreciation schedules. iii. Any sale or conveyance of all or part of the Business Incubator shall contain a restrictive covenant that said Business Incubator must continue to be used for "high technology activity", as defined by Indiana Code § 36-7-32-7, and as a "public facility", as defined by Indiana Code § 36-7-32-9(2), even if owned by a private entity, unless the sale or conveyance is approved in advance by the State in writing. The requirements of this Paragraph 5(L)(iv) apply to the Business Incubator as a whole, and are not intended to apply to an individual portion of the Business Incubator that may be subleased by the Grantee, except to the extent that any such sublease would cause the Business Incubator to no longer be used primarily for high technology activities and as a public facility as defined above. iv. In the event that the Business Incubator is sold or leased to a business or entity engaged primarily in a high technology activity, as described above, the terms of the conveyance or lease shall (1) include a restrictive covenant that the Business Incubator will only be used primarily for high technology activities and as a public facility, as described above, and legal and equitable remedies and rights to ensure the proper enforcement of said restrictive covenant, and (2) Grantee discloses the material terms of the sale or lease in its Annual Report to Grantor. v. Grantee shall notify Grantor in advance of any action taken by Grantee or any of its contractors, subgrantees, or assigns to approve, allow, or permit a project or a significant activity to locate or occur within the Business Incubator, the primary focus of which does not consiste of high technology activities, as described above. vi. Grantee understands and acknowledges that, should the Business Incubator be operated in a manner so as to not principally benefit, attract, or assist businesses that primarily engage in high technology activity, as described above, Grantee shall be required to repay all or part of Grant Funds upon receiving written notice from Grantor. In the event that Grantee repays the total amount of Grant Funds provided for in this Agreement, it shall be relieved of the requirements, covenants and restrictions described in this Agreement. 6 F:\*.*\Projects-Miscellaneous\Tech Park\Subgrant Agreement-Notre Dame (2) 8.17.09