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at the Loan Property at an hourly wage equal to the greater of $15.00 per hour or 150% of <br />the state or federal minimum wage, whichever is greater(the “Jobs”), by the two (2) year <br />anniversary of the date of closing on the Loan(the “Benefit Date”). <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 2.00% per <br />annum or the implicit price deflator defined in Minnesota Statutes Section 275.70, <br />subdivision 3, accruing from and after the date of closing on the Loan, compounded <br />semiannually. If the Goals are met in part, the Borrower agrees to repay a portion of the <br />Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a <br />fraction, the numerator of which is the number of Jobs in the Goals which were not <br />created at the wage level set forth above and the denominator of which is 12 (i.e. number <br />of Jobs set forth in the Goals). <br />(c)The Borrower agrees to: (i) report the Entity Guarantor’sprogress on <br />achieving the Goals to the City until the later of the date the Goals are met or two years <br />from the Benefit Date, or, if the Goals are not met, until the date the Business Subsidy is <br />repaid, (ii) include in the report the information required in Section 116J.994, subdivision <br />7 of the Business Subsidies Act on forms developed by the Minnesota Department of <br />Employment and Economic Development, and (iii) send completed reports to the City. <br />The Borrower agrees to file these reports no later than March 1 of each year commencing <br />March 1, 2017, and within 30 days after the deadline for meeting the Goals. The City <br />agrees that if it does not receive the reports, it will mail the Entity Guarantor and the <br />Borrower a warning within one week of the required filing date. If within 14 days of the <br />post marked date of the warning the reports are not made, the Borrower agrees to pay to <br />the City a penalty of $100 for each subsequent day until the report is filed up to a <br />maximum of $1,000. <br />(d)Pursuant to the terms of the Entity Guaranty, the Entity Guarantor has <br />agreed that it will continue operations in the City and maintain the Jobs for at least 5 <br />years after the Benefit Date. <br />(e)Other than the loan provided pursuant to this Agreement, there are no <br />other state or local government agencies providing financial assistance for the project. <br />(f)There is no parent corporation ofthe Entity Guarantor or the Borrower. <br />[Signature Pages follow] <br />11 <br />477330v1EL185-40 <br /> <br />