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$15.00 per hour, exclusive of benefits. Notwithstanding anything to the contrary herein, if the wage <br />and job goals described in this Section 10.2 are met by the Compliance Date, those goals are <br />deemed satisfied despite the Developer's continuing obligations under Sections 10.1(f) and 10.4. <br />The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided <br />that nothing in this Section 10.2 will be construed to limit the Authority's legislative discretion <br />regarding this matter. <br />Section 10.3. Remedies. If the Developer fails to meet the goals described in Section <br />10.1(c), the Developer shall repay the Authority a pro rata share of the amount of the subsidy <br />granted by this Agreement, plus interest on said amount at the implicit price deflator as defined in <br />Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of issuance of the Certificate of <br />Completion to the date of payment. The repayment shall be made by the Developer within one year <br />of written demand by the Authority. The term pro rata share means percentages calculated as <br />follows: <br />(i) if the failure relates to the number of jobs, the jobs required less the jobs created, <br />divided by the jobs required; <br />(ii) if the failure relates to wages, the number of jobs required less the number of <br />jobs that meet the required wages, divided by the number of jobs required; <br />(iii) if the failure relates to maintenance of the warehouse/distribution facility in <br />accordance with Section 10.1(f), 60 less the number of months of operation as a <br />warehouse/distribution facility (where any month in which the facility is in operation for at <br />least 15 days constitutes a month of operation), commencing on the date of the Certificate of <br />Completion ending with the date the facility ceases operation as determined by the <br />Authority, divided by 60; and <br />(iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable <br />percentages, not to exceed 100%. <br />Nothing in this Section 10.3 shall be construed to limit the Authority's remedies under <br />Article IX hereof. In addition to the remedy described in this Section 10.3 and any other remedy <br />available to the Authority for failure to meet the goals stated in Section 10.1(c), the Developer <br />agrees and understands that its may not a receive a business subsidy from the Authority or any <br />grantor as defined in the Business Subsidy Act for a period of five years from the date of the failure <br />or until the Developer satisfies its repayment obligation under this Section 10.3, whichever occurs <br />first. <br />Section 10.4. Reports. The Developer must submit to the Authority a written report <br />regarding business subsidy goals and results by no later than March 1 of each year, commencing <br />March 1, 2001 and continuing until the later of (i) the date the goals stated Section 10.1(c) are met; <br />(ii) 30 days after expiration of the five-year period described in Section 10.1(f); or (iii) if the goals <br />are not met, the date the subsidy is repaid in accordance with Section 10.3. The report must comply <br />with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide <br />information to the Developer regarding the required forms. =If the Developer fails to timely file any <br />report required under this Section 10.4, the Authority will mail the Developer a warning within one <br />week after the required filing date. If, after 14 days of the postmarked date of the warning, the <br />RHB-183249v3 17 <br />LN 140-72 <br />