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(i) SoftPac shall complete and file with the City from <br />time to time the report in the form of the attached Exhibit D. <br />The Subsidy Law provides that if SoftPac does not make such <br />reports, when due, the City must mail SoftPac a warning within <br />one week of the required filing date, and if, after 14 days <br />after the postmark date of that warning, SoftPac continues to <br />fail to report, then SoftPac is required to and shall pay the <br />City a penalty of $100 for each subsequent day until the <br />report is filed, up to a maximum of $1,000. SoftPac shall <br />file these reports with the City, in care of its Director of <br />Economic Development, (1) on March 1 of each year, beginning <br />with the March 1 immediately following the Benefit Date, and <br />(2) within 30 days after the "Compliance Date," hereby defined <br />to be the date which is two years after the Benefit Date. <br />Each March 1 report shall report on the prior calendar year, <br />and each other report shall report on the period since the <br />last reporting period. <br /> <br /> (j) This Section 3.5 is intended to be the "subsidy <br />agreement" required by Section 116J.994, Subdivision 3, of the <br />Subsidy Law. In the event that any provision of this Section <br />3.5 in inconsistent or in conflict with any provision of the <br />Subsidy Law, and in the event that any provision of the <br />Subsidy Law provides additional requirements, the provisions <br />of the Subsidy Law shall apply and govern. In addition to all <br />reporting obligations of the Company under this Section 3.5 <br />and Exhibit D, SoftPac agrees to provide the City with any <br />additional information which may be required in order for the <br />City to comply with its reporting requirements, as they may <br />exist or be amended from time to time, under the Subsidy Law. <br /> <br /> (k) Nothing in this Section 3.5 is intended to limit or <br />otherwise amend the other terms of this Agreement. To the <br />extent that provisions in this Section 3.5 are more extensive <br />or restrictive than any related term elsewhere in this <br />Agreement, the provisions hereof shall govern. The above <br />commitment of SoftPac to lease the Project for at least five <br />years from the Benefit Date is a requirement of the Subsidy <br />Law (subject to procedures therein allowing relaxation or <br />waiver of said requirement) and shall apply and govern. By <br />the same token, however, said five year commitment shall not <br />limit a longer commitment made elsewhere in this Agreement, <br />e.g., see Section 2.2(i) hereof. <br /> <br />1198072.2 11 <br /> <br /> <br />