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<br />ARTICLE VIII <br />DEFAULT, TERMINATION AND REMEDIES <br /> <br />Section 8.01. Default and Termination Generally. Except as otherwise provided <br />herein, at any time during the Term of this Agreement that Company is not in material <br />compliance with its obligations under this Agreement or the conditions under Article 3 <br />, the City may send written notice <br />thereof to Company. If such non-compliance or failure to meet conditions is not cured <br />within thirty (30) -compliance is not <br />reasonably susceptible to cure within thirty (30) days and a cure is not begun within such <br />30-day period and thereafter continuously and diligently pursued to completion on a <br />Curesole <br />discretion, terminate this Agreement or withhold Grant Payments otherwise due for the <br />calendar year or years in which the non-compliance occurs. If the City elects to withhold <br />Grant Payments under this Section rather than to terminate the Agreement, then, upon a <br />Cure by Company, Company will be eligible to receive Grant Payments in future years <br />(provided it is otherwise in compliance and subject to other limitations of this Agreement) <br />for the remainder of the Term. However, the Grant Payment withheld by the City for any <br />year during which Company was not in compliance, shall be deemed forfeited by Company <br />and the City shall not be liable for later payment of such forfeited Grant Payments. For <br />example, if Tenant fails to satisfy the Minimum Jobs Requirement in the year 2023, <br />Company will not receive a Grant Payment in 2024. Company will, however, be eligible <br />to receive a Grant Payment in 2025 for compliance in 2024. Except as to circumstances <br />arising from an event of force majeure, the Term shall not be extended as a result of any <br />cure period agreed to by the City under this Section. <br /> <br /> <br />