Common use of Repayment of the Investment Clause in Contracts

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article ARTICLE 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant or the Service Provider to repay any portions of the Investment paid to the Applicant Service Provider where: (a) the Applicant fails or the Service Provider fail to comply with all reporting requirements set out in this Investment Agreement; (b) the Applicant or the Service Provider terminate their portion of the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant or Service Provider incurs a Default. In any of these instances, any amount of the Investment already advanced to the Service Provider on behalf of the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant or the Service Provider to repay portions of the Investment where a Milestone Project could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the ApplicantApplicant or the Service Provider. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the ApplicantApplicant or the Service Provider’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant or the Service Provider to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Service Provider, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Alberta Applicant to repay any portions of the Investment paid to the Alberta Applicant where: (a) the Alberta Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Alberta Portion of the Project is terminated by the Alberta Applicant prior to the Project Completion Date; or (c) the Alberta Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Alberta Applicant shall constitute a debt owed by the Alberta Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Alberta Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Alberta Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Alberta Applicant’s reasonable control, and for that reason the Alberta Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Alberta Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Alberta Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay to Alberta Innovates any portions of the Investment paid to the Applicant where: (a) the Applicant fails or the Associate fail to comply with all reporting requirements set out in this Investment Agreement; (b) the Applicant or the Associate terminate their portion of the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant or Associate incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 6.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Associate, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant fails f ails to comply with all reporting requirements set out in this Investment Agreement; ; (b) the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant incurs a DefaultDef xxxx. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from f rom and after af ter the date of notice of termination from f rom Alberta Innovates at the prime rate for commercial loans fixed f ixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts ef forts of the Applicant. Alberta Innovates acknowledges that unforeseen unf oreseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or DefaultDef xxxx, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant fails to comply with all reporting requirements req uirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request req uest an amendment to this Investment Agreement, per the procedure set out in Article ARTICLE 5.1 above – Changes Chan ges and Review Procedure. Alberta Innovates may however require req uire the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) the Applicant or the Associate fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant or the Associate prior to the Project Completion Date; or (c) the Applicant or Associate incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 6.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Associate, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay rep ay any portions of the Investment paid to the Applicant where: (a) the Applicant or the Associate fails to comply with all reporting requirements rep orting req uirements set out in this Investment Agreement; (b) the Project is terminated by the Applicant prior or the Associateprior to the Project Completion Date; or (c) the Applicant or Associate incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require req uire the Applicant to repay rep ay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment amen dment to this Investment Agreement, per the procedure set out in Article 5.1 6.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour beh aviour on the part of the ApplicantApplicant or the Associate, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant or the Service Provider(s) to repay any portions of the Investment paid to the Applicant Service Provider(s) where: (a) the Applicant fails or the Service Provider(s) fail to comply with all reporting requirements set out in this Investment Agreement; (b) the Applicant or the Service Provider(s) terminate their portion of the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant or Service Provider(s) incurs a Default. In any of these instances, any amount of the Investment already advanced to the Service Provider(s) on behalf of the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant or the Service Provider(s) to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the ApplicantApplicant or the Service Provider(s). Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s Applicant or the Service Provider(s)’ reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant or the Service Provider(s) to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Service Provider(s), as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the [SME OR Testing Site] Applicant to repay any portions of the Investment paid to the [SME OR Testing Site] Applicant where: (a) the SME Applicant and/or Testing Site Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the SME Applicant or the Testing Site Applicant prior to the Project Completion Date; or (c) the SME Applicant or the Testing Site Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the [SME OR Testing Site] Applicant shall constitute a debt owed by the [SME OR Testing Site] Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the [SME OR Testing Site] Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the SME Applicant and Testing Site Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the SME Applicant and Testing Site Applicant’s reasonable control, and for that reason the SME Applicant is and Testing Site Applicant are offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the [SME OR Testing Site] Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the [SME OR Testing Site] Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay any portions of the Investment paid to the Applicant where: (a) a. the Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) b. the Project is terminated by the Applicant prior to the Project Completion Date; or (c) c. the Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at Innovatesat the prime rate for commercial loans fixed by the Royal Bank of on Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article ARTICLE 5.1 above – - Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the Applicant, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant to repay to Alberta Innovates any portions of the Investment paid to the Applicant where: (a) the Applicant fails or the Associate fail to comply with all reporting requirements set out in this Investment Agreement; (b) the Applicant or the Associate terminate their portion of the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant or Associate incurs a Default. In any of these instances, any amount of the Investment already advanced to the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the Applicant’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 6.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Associate, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the Applicant or the Service Provider to repay any portions of the Investment paid to the Applicant Service Provider where: (a) the Applicant fails or the Service Provider fail to comply with all reporting requirements set out in this Investment Agreement; (b) the Applicant or the Service Provider terminate their portion of the Project is terminated by the Applicant prior to the Project Completion Date; or (c) the Applicant or Service Provider incurs a Default. In any of these instances, any amount of the Investment already advanced to the Service Provider on behalf of the Applicant shall constitute a debt owed by the Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of termination. For clarity, Alberta Innovates will not require the Applicant or the Service Provider to repay portions of the Investment where a Milestone Project could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the ApplicantApplicant or the Service Provider. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the ApplicantApplicant or the Service Provider’s reasonable control, and for that reason the Applicant is offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the Applicant or the Service Provider to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the ApplicantApplicant or the Service Provider, as determined by Alberta Innovates in its sole discretion.

Repayment of the Investment. Alberta Innovates has the right to require the [SME OR Testing Site] Applicant to repay any portions of the Investment paid to the [SME OR Testing Site] Applicant where: (a) the [SME OR Testing Site] Applicant fails to comply with all reporting requirements set out in this Investment Agreement; (b) the Project is terminated by the SME Applicant or the Testing Site Applicant prior to the Project Completion Date; or (c) the SME Applicant or the Testing Site Applicant incurs a Default. In any of these instances, any amount of the Investment already advanced to the [SME OR Testing Site] Applicant shall constitute a debt owed by the [SME OR Testing Site] Applicant to Alberta Innovates on a dollar for dollar basis, together with interest, which shall accumulate from and after the date of notice of termination rescission from Alberta Innovates at the prime rate for commercial loans fixed by the Royal Bank of Canada at that date, plus 3%. Such debt plus accrued interest is due and payable within forty-five (45) days of Alberta Innovates delivering the notice of terminationrescission. For clarity, Alberta Innovates will not require the [SME OR Testing Site] Applicant to repay portions of the Investment where a Milestone could not be completed, or one of the desired outcomes of the Project was not achieved, despite the best efforts of the SME Applicant and Testing Site Applicant. Alberta Innovates acknowledges that unforeseen technical issues and other delays may occur which are outside the SME Applicant and Testing Site Applicant’s reasonable control, and for that reason the SME Applicant is and Testing Site Applicant are offered the opportunity to request an amendment to this Investment Agreement, per the procedure set out in Article 5.1 above – Changes and Review Procedure. Alberta Innovates may however require the [SME OR Testing Site] Applicant to repay all or a portion of the Investment in any of the circumstances listed above where there is evidence of misuse of the Investment, a serious breach or Default, or other egregious behaviour on the part of the [SME OR Testing Site] Applicant, as determined by Alberta Innovates in its sole discretion.