Success Fee Basis. USTDA and the Contractor anticipate that the Contractor may have the opportunity to successfully participate in the implementation of the Project. As such, the Contractor shall refund to USTDA the “Success Fee” as follows:
Success Fee Basis. USTDA and the Contractor anticipate that the Contractor may have the opportunity to participate in the development and implementation of the Project other than through the Contractor’s involvement with the Activity. As such, the Contractor shall repay to USTDA certain amounts of the Grant Funds that have been previously disbursed to the Contractor in connection with the Activity (the “Disbursed Grant Funds”) as a reimbursement related to the continuing implementation of the Project (the “Success Fee”) in accordance with the following provisions: [Drafters should keep in mind that Contractors may not always be subject to both finance-based and revenue-based success fees; in the event that only one type of Success Fee applies, delete the inapplicable subclause below.]
