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and provide the Village with a report setting forth the total amount of any deficiency as <br />calculated by Section V of this Agreement. <br />SECTION V -DEFAULTS AND REMEDIES <br />If the Company defaults in the performance of its obligations under this Agreement, the <br />Village and/or the MCIC shall serve written notice of such default on the Company and demand <br />the default be cured. If any such default continues for a period of sixty (60) or more days after <br />the Company receives written notice of such default, then the Village and MCIC shall have the <br />right to pursue rights and remedies as are set forth in this Agreement and as may otherwise be <br />available in law. <br />Among any other remedies allowed by law, the Village and the MCIC shall have the <br />right, but not the obligation, to require the Company to refund the Grant received by the <br />Company in an amount equal to the deficiency between the income tax revenue actually <br />generated for the Term and five times the MITR. In the event this Agreement terminates prior to <br />the expiration of the Term, the Village shall have the right, but not the obligation, to require the <br />Company to refund the Grant in an amount equal to the deficiency between the income tax <br />revenue actually generated for the calendar years which have elapsed (including the calendar <br />year in which the Agreement is terminated) and the requisite MITR to be generated for such <br />period. Within sixty (60) days of such demand, the Company shall forward such amount to the <br />Village. <br />If the Village or MCIC defaults in the performance of their respective obligations under <br />this Agreement, the Company shall serve written notice of such default and demand the default <br />be cured. If any such default continues for a period of sixty (60) or more days after the Company <br />gives the Village and MCIC written notice of such default, then the Company will have the right <br />to pursue rights and remedies as are available in law. <br />SECTION VI -LIABILITY OF OFFICERS AND AGENTS <br />This Agreement is not intended to subject any official, officer, agent, or employee of the <br />Village, the MCIC, or the Company to personal liability or accountability by reason of the <br />execution or performance of this Agreement. <br />SECTION VII -NON-ASSIGNMENT <br />The Company shall not pledge, mortgage, grant a security interest in, assign, or <br />collaterally assign this Agreement, or any rights, privileges, or claims under this Agreement, to <br />any person or entity. <br />Page 4 <br />