Penalties/Interest/Attorney’s Fees. The IEDC will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney’s fees, except as required by Indiana law, including Indiana Code § 5-17-15, Indiana Code § 34-54-8, and Indiana Code § 34-13-1. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties hereto stipulate and agree that any liability of the IEDC shall be limited to only the amount of tax credits for which the Company is eligible due to its performance under this Agreement. In the event of legal action or proceedings of any kind, including without limitation enforcement of payment terms, the recapture of tax credits, or for an assessment, whether brought by either party, the IEDC shall be entitled to reasonable attorney’s fees, court costs, and other related reasonable expenses, plus interest pursuant to Indiana Code § 34-51-4-9.
Appears in 2 contracts
Samples: Economic Development for a Growing Economy Tax Credit Agreement, Economic Development for a Growing Economy (Edge) Tax Credit Agreement
Penalties/Interest/Attorney’s Fees. The IEDC will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney’s fees, except as required by Indiana law, including Indiana Code § 5-17-15, Indiana Code § 34-54-8, and Indiana Code § 34-13-1. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties hereto stipulate and agree that any liability of the IEDC shall be limited to only the amount of tax credits grant funds for which the Company Grantee is eligible due to its performance under this Agreement. In the event of legal action or proceedings of any kind, including without limitation enforcement of payment terms, the recapture of tax creditsgrant funds, or for an assessment, whether brought by either party, the IEDC shall be entitled to reasonable attorney’s fees, court costs, and other related reasonable expenses, plus interest pursuant to Indiana Code § 34-51-4-9.
Appears in 1 contract
Samples: Grant Agreement
Penalties/Interest/Attorney’s Fees. The IEDC will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney’s fees, except as required by Indiana law, including Indiana Code § 5-17-155, Indiana Code § 34-54-8, and Indiana Code § 34-13-1. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties hereto stipulate and agree that any liability of the IEDC shall be limited to only the amount of tax credits for which the Company is eligible due to its performance under this Agreement. In the event of legal action or proceedings of any kind, including without limitation enforcement of payment terms, the recapture of tax credits, or for an assessment, whether brought by either party, the IEDC shall be entitled to reasonable attorney’s fees, court costs, and other related reasonable expenses, plus interest pursuant to Indiana Code § 34-51-4-9.
Appears in 1 contract
Samples: Cred Tax Credit Agreement