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Res 2013-164/Approving a Chapter 380 Economic Development Incentive agreement w/Triangle Pump
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Res 2013-164/Approving a Chapter 380 Economic Development Incentive agreement w/Triangle Pump
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6/28/2016 3:30:08 PM
Creation date
10/22/2013 9:59:32 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-164
Date
10/15/2013
Volume Book
200
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days' prior notice to Triangle in order to determine compliance with this Agreement. To the <br />extent reasonably possible, Triangle shall make all such records available in electronic form or <br />otherwise available to be accessed through the internet. <br />ARTICLE VIII <br />DEFAULT., TERMINATION AND REMEDIES <br />Section 8.01. Noncompliance with Jobs Obligations. If, at the end of any applicable <br />year during the Term, Triangle is not in compliance with the obligations to create and maintain <br />Jobs, as provided in this Agreement, including compliance with the residency requirements <br />under Section 3.01(a), the City may withhold Grant Payments that would otherwise be due to <br />Triangle for that year. If the City elects to withhold Grant Payments, the City will resume Grant <br />Payments for any subsequent years during the Tenn in which Triangle is in compliance; <br />however, any Grant Payments withheld by the City for any years during which Triangle is not in <br />compliance shall be deemed forfeited by Triangle and the City shall at no time be liable for later <br />payment of such Grant Payments. <br />Section 8.02. Failure to Operate Business. If Triangle fails to continuously operate <br />and carry on the Business on the Land or other location within the city limits of the City of San <br />Marcos until the end of the Term (subject, however, to any interruption for remodeling, repair, or <br />an event of force majeure (defined below), which interruption shall not count against this <br />operation obligation), then the City may give a notice of default under Section 8.03. <br />Section 8.03. Notice of Default. At any time during the Term of this Agreement that <br />Triangle is not in compliance with its obligations under this Agreement other than its obligations <br />to create Jobs, the City may send Triangle notice of such non-compliance. If such non- <br />compliance is not cured within 60 days after Triangle's receipt of such notice or, if non- <br />compliance is not reasonably susceptible to cure within 64 days, a cure is not begun within such <br />
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