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business at the Facility or any replacement facility located within the corporate limits of San <br />Marcos for a period of at least five years from the Effective Date. <br />Section 4.02. Certification. Within 30 days after each anniversary of the Effective Date of this <br />Agreement, Recipient shall submit to the City Manager a written statement, certified by an authorized <br />officer of the Recipient, providing the following information: <br />(a) the number Qualifying Jobs created during the reporting period and cumulatively <br />after the Effective Date; <br />(b) the percentage of Qualifying Jobs filled by San Marcos residents through the end <br />of the reporting period; <br />(c) a detailed description of the continuous affirmative job recruiting efforts <br />undertaken by Affiliate during the reporting period; <br />(d) a statement verifying the continuous operation of the business at a location <br />required under this section. <br />PART 5. DEFAULT <br />Section 5.01. Grounds for Default. The City Manager may declare a default under this <br />Agreement and, subject to Section 5.02, may terminate this Agreement if <br />(a) Recipient fails to complete the Renovation as provided in sections 3.01 and 3.02 <br />or Affiliate fails to satisfy the requirements of sections 4.01 (a) and (c); <br />(b) Recipient refuses, fails or neglects to comply with any of the terms of this <br />Agreement; <br />(c) Recipient made or makes any representation relied upon by the City in entering <br />into this Agreement or in any subsequent request or submission to the City relating to this <br />Agreement that is false or misleading in any material respect; <br />