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24 <br /> i <br /> Rural Economic Development Grant Agreement,Private Owner <br /> BUILDING REUSE PROGRAM—Revision#3 2020-025-3201-2587 1 <br /> Governmental Unit, the Owner and any Business shall not expend any Grant or Loan <br /> I <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 /> 14. Additional Repayment Reuirements and Remedies. <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 1 <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 /> 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 /> I <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 /> Grant Agreement-9 <br />