6G(4) SubGrant Agreement Technology Park

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Incubator as described in Exhibit "A" of the State Grant Agreement to be located on Parcel 1 of the Campus Site as described in Exhibit "D", and as further defined as a "public facility" by Indiana Code § 36-7-32-9 Grantee shall use said public facility as either a community laboratory for the facility's tenants, or as a business incubator for its respective useful lives as determined in accordance with federal income tax depreciation schedules, and the Grantee shall repay the Grantor the entirety of Grant Funds should a continued violation of said covenant persist thirty (30) days after receipt of written notice for 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 ft>tnds from any source will be used to finance activities reimbursed under this Agreement. Grantor hereby agrees and acknowledges that the Grant Funds received by the Grantee pursuant to this Agreement are not subject to Indiana's public bidding and/or common construction wage laws, as set forth in Indiana Code § 5-16 and Indiana Code § 5-22. Grantor further acknowledges that the Grant Funds received by the Grantee pursuant to this Agreement may be used to pay for the costs of construction (including professional service contracts in connection with such construction (i.e., engineering and architectural contracts)) of the Business Incubator, and/or any costs of equipping the Business Incubator. 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 Grantor 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 § 4-2-6 et seq, 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 www. in. gov/ethics/. If the Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, require the Grantor to 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, as amended from time-to-time. (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 8 ~:\*.*\Projects-Miscellaneous\Tech Park\Subgrant Agreement-Notre Dame (2) 8.17.09