Contingent Awards. If, at the time an Award is made, the Office determines: (1) a particular Census Block forming the basis of a proposed Project is, in whole or in part, a Targeted Service Area subject to challenge, pursuant to procedures set forth in Iowa Administrative Code rule 129—20.5 or, (2) the Office’s administration of the Award process resulting in the Award forming the basis of this Agreement is subject to challenge, pursuant to Iowa Administrative Code rule 22.5(4) and Section 7.24 (Appeal of Award Decision) of the NOFA, including any subsequent judicial review or appeal therefrom as outlined in Iowa Code sections 17A.19 and 17A.20, may, contemporaneous with the challenge process, proceed to enter into this Agreement with Grantee. Notwithstanding the foregoing or anything in this Agreement to the contrary, the aspect(s) of the Office’s Award(s) that is subject to such challenge at the time of the execution of this Agreement shall be valid and enforceable only to the extent the Office’s original determination or Award, as applicable, is ultimately upheld at the end of the entire appeals and contested case process once final, including judicial review and any subsequent appeal therefrom. If a Census Block is ultimately determined to not constitute a Targeted Service Area, or a portion of an Award is later deemed invalid, in whole or in part: the Grantee shall not be entitled to any grant funds or reimbursement to the extent of any such non-eligibility or invalidity; the Office may require the Grantee to amend the Agreement to reflect such result; and the Grantee will be required to reimburse the Office for any corresponding funds previously distributed by the Office.
Contingent Awards. If at the time an Award is made the Office’s determination of whether any geographic area forming the basis of a proposed Project(s), in whole or in part, or any Project(s) itself, in whole or in part, is eligible to receive funding under the Program is currently subject to challenge, or the Office’s administration of the Award process resulting in the Award forming the basis of this Agreement is subject to challenge, including any subsequent judicial review or appeal from any administrative challenge process, the Office may proceed to enter into this Agreement the Grantee. Notwithstanding the foregoing or anything in this Agreement to the contrary, the aspect(s) of the Office’s Award(s) that is subject to such challenge at the time of the execution of this Agreement shall be valid and enforceable only to the extent the Office’s original determination or Award, as applicable, is ultimately upheld at the end of the entire appeals and contested case process once final, including judicial review and any subsequent appeal therefrom. If a geographic area or a Project(s) itself is ultimately determined to not be eligible, in whole or in part, or a portion of an Award is later deemed invalid, in whole or in part: the Grantee shall not be entitled to any grant funds or reimbursement to the extent of any such noneligibility or invalidity; the Office may require the Grantee to amend the Agreement to reflect such result; and the Grantee will be required to reimburse the Office for any corresponding funds previously distributed by the Office.
Contingent Awards. (a) From time to time after the Effective Time, the Members shall be entitled to a contingent award payable in shares of Parent Common Stock (“Contingent Award”) pursuant to the terms of this Section 2.06.
