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<br />Equitable Community Revitalization Grant Agreement <br />[GRANTEE’s Name] <br />Page 9 of 14 <br /> <br /> <br /> <br />Minor revisions and/or updates may be made to the sample Agreement prior to execution. <br />14.2 No failure to exercise any power or right provided hereunder, or to insist on <br />strict compliance with its obligations hereunder, shall constitute a waiver of <br />right to DTSC’s demand at any time exact compliance with the terms hereof. <br /> <br />15. NONCOMPLIANCE AND TERMINATION <br /> <br />15.1 In the event GRANTEE fails to comply with any term, condition, or obligation <br />of this AGREEMENT, GRANTEE shall be deemed in noncompliance of this <br />AGREEMENT. Events by which GRANTEE shall be deemed to be in <br />noncompliance include, but are not limited to, the following: <br /> <br />15.1.1 GRANTEE fails to timely respond to DTSC requests made in <br />connection with this AGREEMENT; <br /> <br />15.1.2 GRANTEE fails to timely respond to regulatory entities providing <br />oversight for the Site; <br /> <br />15.1.3 GRANTEE makes any false warranty, representation, or statement in, <br />or in connection with, this AGREEMENT or the ECRG Application; <br /> <br />15.1.4 GRANTEE fails to provide complete or timely quarterly reports; <br /> <br />15.1.5 GRANTEE makes changes to the Proposed Reuse that cause the Site <br />to no longer meet eligibility criteria for ECRG Grant; <br /> <br />15.1.6 GRANTEE fails to complete the ECRG Activities within the <br />timeframe(s) required by this AGREEMENT; <br /> <br />15.1.7 GRANTEE fails to provide notification of change in partnership and <br />Site ownership without prior notification and written consent. <br /> <br />15.2 In the event of GRANTEE noncompliance, DTSC shall provide written Notice <br />of Noncompliance to GRANTEE. The Notice of Noncompliance shall provide <br />a reasonable time for GRANTEE to cure, not less than 10 calendar days from <br />the date of the notice. If GRANTEE fails to cure the noncompliance to the <br />satisfaction of DTSC within the time period prescribed in the Notice of <br />Noncompliance, DTSC may terminate the ECRG Grant and pursue any <br />remedies available at law or in equity. <br /> <br />15.3 If GRANTEE is in noncompliance, DTSC may immediately withhold from <br />GRANTEE all or any portion of the ECRG funding until such time the <br />noncompliance is cured pursuant to this AGREEMENT. <br /> <br />April 28, 2022 <br />EXHIBIT 13