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KOK f PICE 757 Ol <br />d) Frustration or impossibility of performance, rendering the carrying out of <br />this Agreement improper or unfeasible. In addition, the COUNTY may <br />suspend or terminate payment of grant funds if the LCEDC fails to make <br />satisfactory progress towards meeting the project services which are the <br />subject of this Agreement, and the determination of whether satisfactory <br />progress has been made shall be in the discretion of the COUNTY. <br />If for any reason the payment'of grant funds is suspended or terminated, <br />the LCEDC agrees to promptly remit to the COUNTY all payments <br />previously received by the LCEDC which the COUNTY deems to have <br />been paid and received in violation of this Agreement. <br />(7) . If for any reason the project as described in Exhibits "B" and "D" shall not <br />satisfy the minimum conditions as set forth in those exhibits, then LCEDC shall seek <br />reimbursement of any deficiency from the party who received the incentives made possible <br />by this grant or appropriation and upon receipt of same shall remit them promptly to the <br />COUNTY. <br />(8) Any and all alterations in the restrictions and conditions upon the grant of <br />funds herein or alterations in the amount of this Budget attached hereto shall be subject to <br />prior review and written approval by the COUNTY. <br />. (9) This Agreement and the grant funds which are the subject of this <br />Agreement are expressly non-assignable without the prior written consent and approval of <br />the COUNTY. <br />(10) Non-expendable property purchased under this Agreement shall remain the <br />property of the LCEDC, unless the attached conditions or Budget provide that such <br />property shall become the property of the COUNTY. <br />(11) The attached Exhibits are: <br />a) The Budget; <br />b) Purposes and/or Restrictions/Conditions (including Exhibit D); <br />and <br />C) Report Requirements. <br />With the exception of the amount of the Budget and item (11)(b), the <br />County Manager is authorized to approve the Exhibits to the Agreement to <br />the extent not prescribed in the grant appropriation. <br />