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<br /> <br />greater of $15.00 per hour or 150% of the state or federal minimum wage, whichever is <br />greater, by the two (2) year anniversary of the date the Borrower or the Entity Guarantor <br />receives a certificate of occupancy for the Project. <br /> <br /> <br />(b)If none of the Goals are met, the Borrower agree to repay all of the <br />Business Subsidy to the City, plus interest (“Interest”) set at the greater of 4% per annum <br />or the implicit price deflator defined in Minnesota Statutes Section 275.70, subdivision 3, <br />accruing from and after the date of closing on the Loan, compounded semiannually. If <br />the Goals are met in part, the Borrower agrees to repay a portion of the Business Subsidy <br />(plus Interest) determined by multiplying the Business Subsidy by a fraction, the <br />numerator of which is the number of jobs in the Goals which were not created at the <br />wage level set forth above and the denominator of which is 8 (i.e. number of jobs set <br />forth in the Goals). <br /> <br /> <br />(c)The Borrower agrees to: (i) report its progress on achieving the Goals to <br />the City until the later of the date the Goals are met or two years from the Benefit Date, <br />or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in <br />the report the information required in Section 116J.994, subdivision 7 of the Business <br />Subsidies Act on forms developed by the Minnesota Department of Employment and <br />Economic Development, and (iii) send completed reports to the City. The Borrower <br />agrees to file these reports no later than March 1 of each year commencing March 1, <br />2016, and within 30 days after the deadline for meeting the Goals. The City agrees that if <br />it does not receive the reports, it will mail the Entity Guarantor and the Borrower a <br />warning within one week of the required filing date. If within 14 days of the post marked <br />date of the warning the reports are not made, the Borrower agrees to pay to the City a <br />penalty of $100 for each subsequent day until the report is filed up to a maximum of <br />$1,000. <br /> <br /> <br />(d)The Borrower agrees that, pursuant to the terms of the Lease, it will cause <br />the Entity Guarantor to continue operations in the City for at least five years after the date <br />of closing on the Loan. <br /> <br /> <br />(e)Other than certain property tax abatements provided by the City of Elk <br />River, Minnesota and Sherburne County, Minnesota, and the loan provided pursuant to <br />this Agreement, there are no other state or local government agencies providing financial <br />assistance for the project. <br /> <br /> <br />(f)There is no parent corporation of the Entity Guarantor or the Borrower. <br />\[Signature Pages follow\] <br /> <br />11 <br />464429v2 EL185-33 <br />