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(7) Gradient represents that it is affiliated with Badger and there is no parent <br />corporation of either Gradient or Badger. <br /> <br /> (8) Gradient represents that Gradient and Badger have accepted business subsidies <br />from the following additional public entities: <br /> <br /> (a) Approximately $72,778 of tax abatement assistance from Sherburne <br />County, Minnesota to Badger. <br /> <br />(b) No additional business subsidies to Gradient. <br /> <br /> (9) Gradient represents that neither it nor Badger is in default on the date hereof on <br />any subsidy agreement entered into under the Subsidy Law. <br /> <br /> (10) Gradient agrees to (i) report its progress on achieving the Goals to the EDA until <br />the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals are not <br />met, until the date the Business Subsidy is repaid, (ii) include in the report the information <br />required in Section 116J.994, Subdivision 7 of the Subsidy Law on forms developed by the <br />Minnesota Department of Employment a nd Economic Development, a nd (iii) s end completed <br />reports to the EDA. Gradient agrees to file these reports no later than March 1 of each year <br />commencing March 1, 2005, and within 30 days after the deadline for meeting the Goals. The <br />EDA agrees that if it does not receive the reports, it will mail Gradient a warning within one <br />week of the required filing date. If within 14 days of the post marked date of the warning the <br />reports are not made, Gradient agrees to pay to the EDA a penalty of $100 for each subsequent <br />day until the report is filed up to a maximum of $1,000. <br /> <br /> (11) If Gradient fails to meet the job goals by the compliance date, the City and the <br />EDA, upon receiving written request by Gradient indicating the reasons why the job goals have <br />not been met and Gradient's reasonable assurance that the goals will be met, may, in their <br />absolute discretion, grant a one year extension of the compliance date. <br /> <br /> (12) In t he.e vent t hat a ny provision o f t his Agreement i s inconsistent o r i n conflict <br />with any provision of the Subsidy Law, and in the event that any provision of the Subsidy Law <br />provides additional requirements, the provisions of the Subsidy Law shall apply and govern. <br /> <br />1630424v2 A-2 <br /> <br /> <br />