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(i) For purposes of this Article X, the Developer includes any party to whom the Developer leases the Property or Minimum Improvements. Section 10.2. Job and Wa a Goals. Within two years after issuance of the Certificate of Completion or the date the Developer occupies the earlier of the date of "Compliance Date"), the Developer shall cause to be createdatleast the Propertyw equivalent jobs on the Pro ert , and shall cause the wages for the three (the three new full-time less than $�''�`�p�air, exc u ive of benefits. Notwithstanding new employees to be no herein, if the wage and job goals described in this Section 10.2 armet anything tom thea contrarye Date, those goals are deemed satisfied despite the Developer's continuingobligations by the Compliance Date, 10.1(f) and 10.4. The Authority may, after a public hearing, extend the Compliance under Date p to one year, provided that nothing in this Section 10.2 will be construed to limithDate by up legislative discretion regarding this matter. the Authority's Section 10.3. Remedies. If the Developer fails to meet the goals described in Section 10.1(c), the Developer shall repay the Authority a pro rata share of the granted by this Agreement, plus interest on said amount at the implicit price deflator the subsidy in Minnesota Statutes,.Section 275.50, subd. 2, r as defined Certificate of Completion to the date ofpayment. accrued from the date of issuance of the within thirty (30) days of written demand by the AuthoThe nment shall be made by the Developer tpercentages calculated as follows: Y The term pro rata share means (i) if the failure relates to the number of jobs, the jobs required created, divided by the jobs required; q less the jobs (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; q (iii) if the failure relates to maintenance of the warehouse/distribution facility accordance with Section 10.1(f), 60 less the number of months of o erat onas in warehouse/distribution facility (where anywP as a at least 15 days constitutes a month of operation), commencich the ing tonsthein odate for Certificate of Completion ending with the date the facility ceases operation as date of the by the Authority, divided by 60; and determined (iv) if more than one of clauses (i) through (iii) appl , the su percentages, not to exceed 100%. Y m of the applicable Nothing in this Section 10.3 shall be construed to limit the Authority's Article IX hereof. In addition to the remedy described in this Section .3and any other remedies under available to the Authority for failure to meet the goals stated in Section 10. , the other vemedy agrees and understands that its may not a receive a business subsidy from the Authority grantor as defined in the Business Subsidy Act for a e • O, Developer failure or until the Developer satisfies its repayment obligation or any period of five years from the date of the whichever occurs first. g under this Section 10.3, RHB-.188393v2 LNI40-74 17