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Rural Economic Development Grant Agreement, Private Owner <br />BUILDING REUSE PROGRAM – Revision #3 2020-025-3201-2587 <br /> <br />Grant Agreement - 9 <br /> <br />Governmental Unit, the Owner and any Business shall not expend any Grant or Loan <br />funds without Commerce’s express written authorization and shall return all unspent <br />Grant or Loan funds to Commerce upon demand and if permissible under applicable <br />bankruptcy, dissolution or insolvency law. <br /> <br />14. Additional Repayment Requirements and Remedies. <br /> <br /> (a). The repayment requirements and remedies addressed in this Paragraph 14 are in <br />addition to those repayment requirements and other remedies set forth elsewhere in <br />this Grant Agreement, including the requirements to repay unspent Grant funds. No <br />remedy conferred or reserved by or to the State is intended to be exclusive of any <br />other available remedy or remedies, but each and every such remedy shall be <br />cumulative and shall be in addition to every other remedy provided for in this Grant <br />Agreement, or now or hereinafter existing at law, in equity, or by statute, and any <br />such right or power may be exercised from time to time and as often as may be <br />deemed expedient. <br /> (b). If there is a breach of any of the requirements, covenants or agreements in this Grant <br />Agreement or the LBC, or if there are any representations or warranties which are <br />untrue as to a material fact in this Grant Agreement, the LBC or in relation to the <br />LBC or the Project (including the performance thereof), the Governmental Unit <br />agrees that Commerce has the sole discretion to require repayment from the <br />Governmental Unit of an amount of Grant funds to be determined in Commerce’s <br />sole discretion but not to exceed the amount of Grant funds the Governmental Unit <br />has already received under this Grant Agreement. Such requirements, covenants or <br />agreements include but are not limited to Paragraphs 1, 2(a), 4, 10(a), 12 and 13 of <br />this Grant Agreement and include but are not limited to the creation and retention of <br />the New Jobs and the retention of the Baseline Number of jobs under the LBC. <br /> <br />15. No Waiver by the State. Failure of the State (including, without limitation, the Rural <br />Authority and Commerce) at any time to require performance of any term or provision of <br />this Grant Agreement or the LBC shall in no manner affect the rights of the State at a later <br />date to enforce the same or to enforce any future compliance with or performance of any of <br />the terms or provisions hereof. No waiver of the State of any condition or the breach of any <br />term, provision or representation contained in this Grant Agreement or the LBC, whether <br />by conduct or otherwise, in any one or more instances, shall be deemed to be or construed <br />as a further or continuing waiver of any such condition or of the breach of that or any other <br />term, provision or representation. <br /> <br />16. Waiver of Objections to Timeliness of Legal Action. The Governmental Unit knowingly <br />waives any objections it has or may have to timeliness of any legal action (including any <br />administrative petition or civil action) by the State (including, without limitation, the Rural <br />Authority or Commerce) to enforce its rights under this Grant Agreement. This waiver <br />includes any objections the Governmental Unit may possess based on the statutes of <br />limitations or repose and the doctrines of estoppel or laches. <br /> <br />16