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• (i) For purposes of this Article X, the Developer includes any part to w Developer leases the Property or Minimum Improvements. Y hom the Section 10.2. Job and Wa e Goals. Within two years after the earlier of the issuance of the Certificate of Completion or the date the Developer occupies the date of "Compliance Date "), the Developer shall cause to be created at least Pthreee new e ll ime equivalent jobs on the�egand shall cause the wages for the three new employees less than , poe new full -time r, exc1ue of benefits. Notwithstanding anything to be no herein, if the wage and job goals described in this Section 10.2 are met by the Co o the contrary those goals are deemed satisfied despite the Developer's continuing obligations u der Se Date, 10.1(f) and 10.4. The Authority may, after a public hearing, extend the Compliance der t ebyo p to one year, provided that nothing in this Section 10.2 will be construed to limit the Authority's by up legislative discretion regarding this matter, uthority's Section 10.3. Remedies. If the Developer fails to meet the goals described in Section the Developer shall repay the Authority a pro rata share of the amount of granted by g coon y this Agreement, plus interest on said amount at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of is Certificate of Completion to the date of payment. suance of the within thirty (30) days of written demand y the Authority. The term roe at the Developer percentages calculated as follows: P a share means (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (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; (iii) if the failure relates to maintenance of the warehouse /distribution facility in accordance with Section 10.1(f), 60 less the number of months of operation as a warehouse /distribution facility (where any month in which the facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of the Certificate of Completion ending with the date the facility ceases operation as determined by the Authority, divided by 60; and ed (iv) if more than one of clauses (i) through (iii) apply, the sum of the a percentages, not to exceed 100 %. Pp lica ble Nothing in this Section 10.3 shall be construed to limit the Authority's remedies and Article IX hereof. In addition to the remedy described in this Section 10.3 and any other er emed available to the Authority for failure to meet the goals stated in Section 10.1(c), the Devy o agrees and understands that its may not a receive a business subsidy from the Authority or any grantor as defined in the Business Subsidy Act for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this occurs first. Section 10.3, •ichever RHB- .188393v2 LN 140 -74 17