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(b) A termination will result in the loss of eligibility for receipt of the Closing <br /> Fund Award payments previously authorized; but not paid. If any of the Closing Fund Award <br /> payments have been made to the Closing Fund Awardee, the Closing Fund Awardee may be <br /> required to repay a prorated portion of the grant amount paid, and any relevant penalties and <br /> interest, as outlined below in paragraphs (d), (e), (f), and (g) of this section. <br /> (c) Notwithstanding Paragraphs (a) and (b) above, in the event that County <br /> fails to pay the Closing Fund Awardee a Closing Fund Award payment, to which the Closing <br /> Fund Awardee is entitled under this Agreement, as a result of insufficient County funds or for <br /> any reason whatsoever, the Closing Fund Awardee shall have the right, in addition to any other <br /> remedies available hereunder or under applicable law, to terminate this Agreement and may <br /> retain any Closing Fund Award payments that is not subject to conditions/sanctions under <br /> Paragraphs (d), (e), (f), or (g) of this Section that was previously paid to the Closing Fund <br /> Awardee under this Agreement. <br /> (d) In any year in which the actual number of jobs for a job creation or job <br /> maintenance phase scheduled in Paragraph 5.0(f) of this Agreement falls below 80 percent of <br /> the number of jobs so scheduled, the Closing Fund Awardee shall repay an amount equal to <br /> one-seventh of the Closing Fund Award payments received plus interest on the amount repaid. <br /> If in any year the actual number of jobs is at least 80 percent of the jobs scheduled in Paragraph <br /> 5. 0(f) of this Agreement, but less than the number of jobs required in that Section, the Closing <br /> Fund Awardee shall repay a pro rated share of one-seventh of the Closing Fund Award <br /> payments received plus interest, as determined in Paragraph 10 .0(g), on the amount repaid (for <br /> example, if the actual number of jobs is ninety (90) percent of the scheduled jobs, then the <br /> 13745/01/00234567.DOCv5 ) <br /> 14 <br />