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C. If the Company fails to submit the required information and/or reports required by <br />this Agreement, the City may terminate or modify this Agreement and deny or modify future <br />grant payments after the date of the Company's breach or default. The City may terminate or <br />modify this Agreement if the Company fails to cure any breach of any term of this Agreement, as <br />determined by the City, within thirty days of receiving written notice of such failure from the <br />City or, if cure of the breach cannot be completed within thirty days, if the Company has not in <br />good faith commenced and diligently pursued the same. <br />D. Nothing in Sections 12(A) through (C) shall permit the City to recapture or <br />otherwise deny the Company the benefit of a grant in respect of any period prior to the date of <br />the termination or modification by the City. <br />E. The City may terminate or modify this Agreement and may also require the <br />repayment of all or part of the grant payments awarded under this Agreement, upon the <br />occurrence of either of the following: <br />(1) The City reasonably determines that the certification as to delinquent taxes <br />required by this Agreement is fraudulent; or, <br />(2) The Company vacates the Site and moves its operations out of the City or <br />terminates its operations at the Site during the term of this Agreement. <br />The City may, absent any legislative action, resolution or court ordered mandate <br />to the contrary, collect any and all grant payments awarded under this Agreement, and the <br />Company shall pay directly to the City or its authorized agent any and all grant payments <br />awarded under this Agreement due on the date the Company vacates the facility or terminates its <br />operations at the Site during the term of this Agreement; or within fourteen days from the date <br />the Company is notified by the City that any tax certification is fraudulent. <br />13. Notification <br />A. The Company or any successor shall promptly notify the City if any of the <br />following events occur: <br />(1) If control of the Company or substantially all of its assets located at the Site is <br />obtained by another entity or shareholders; or, <br />(2) If the Company merges with another entity; or, <br />(3) If the Company substantially restructures itself through an acquisition or <br />divestiture or otherwise and if any of those events affects the ability of the Company or its <br />successor entity to perform substantially all of the obligations under this Agreement and to meet <br />the payroll projections set forth herein. <br />14. Annual Fee <br />M <br />