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Rural Economic Development Grant Agreement, Private Owner
<br />BUILDING REUSE PROGRAM – Revision #3 2020-025-3201-2587
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<br />Grant Agreement - 10
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<br />17. Force Majeure. If (a) during the term of this Grant the real or personal property located on
<br />or constituting the Property suffers damage or destruction caused by acts of God, fires,
<br />floods, storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar
<br />unexpected events, (b) such damage or destruction was not principally caused by the
<br />negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner
<br />uses reasonable efforts to repair, or to work around, such damage or destruction reasonably
<br />promptly, and (d) as a direct result of such damage or destruction the Owner cannot satisfy
<br />the requirements and obligations of Sections 3 of the LBC as and when the LBC requires,
<br />then the Owner will be entitled to an extension of time not to exceed sixty (60) days to
<br />satisfy the requirements and obligations of Section 3 of the LBC; provided that the
<br />Governmental Unit in its sole discretion with respect to the obligations it is owed by the
<br />Owner, may elect to extend that sixty day period to give the Owner additional time to
<br />satisfy those requirements.
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<br />18. Special Provisions and Conditions.
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<br /> (a). Non-discrimination. The Governmental Unit agrees not to discriminate by reason of
<br />age, race, religion, color, sex, national origin or disability related to the activities of
<br />this Grant Agreement.
<br /> (b). Conflict of Interest. The Governmental Unit shall adopt and keep on file, along with
<br />the executed copies of this Grant Agreement, a copy of its policy and any ordinance
<br />or resolution it has adopted addressing conflicts of interest that may arise involving
<br />the members of the Governmental Unit’s governing body and/or any of its employees
<br />or officers involved in the Grant, the LBC or the Project. Such policy, ordinance or
<br />resolution shall address situations in which any of these individuals may directly or
<br />indirectly benefit, other than through receipt of their normal compensation in their
<br />capacities as the Governmental Unit’s employees, officers or members of its
<br />governing body, from the Grant, the LBC or Project, and shall include actions to be
<br />taken by the Unit or the individual, or both, to avoid conflicts of interest and the
<br />appearance of impropriety. Additionally, the Governmental Unit certifies that, as of
<br />the date it executes this Grant Agreement, no such individuals have such a conflict of
<br />interest or will directly or indirectly benefit, except in the capacities described above,
<br />from the Grant, LBC or Project. Throughout the duration of this Grant Agreement,
<br />the LBC and the Project, the Governmental Unit has the duty to promptly inform
<br />Commerce of any such conflict of interest or direct or indirect benefit of which it
<br />becomes aware.
<br /> (c). Compliance with Laws. The Governmental Unit shall at all times observe and
<br />comply with all laws, regulations, codes, rules, ordinances and other requirements
<br />(together, “Laws”) of the state, federal and local governments which may in any
<br />manner affect the performance of the Grant Agreement, the LBC or the Project.
<br /> (d). Non-Assignability. The Governmental Unit shall not assign or transfer any interest in
<br />the Agreement without the prior written consent of Commerce; provided, however,
<br />that claims for money due to Governmental Unit from Commerce under this
<br />Agreement may be assigned to any commercial bank or other financial institution
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