Waiver and/or Modification of Noncompliance. Pursuant to Indiana Code § 5-28-28-8, and at the sole discretion of the IEDC, the IEDC may waive or modify the recapture of incentives awarded under the Agreement to the Company if the IEDC determines that the Company failed to satisfy the requirements for receiving the credit because of circumstances beyond the Company’s control, including:
Waiver and/or Modification of Noncompliance. Pursuant to Indiana Code § 5-28-28-8, and (including the Liquidated Damages provision), if the IEDC determines that the Company failed to satisfy the requirements for receiving the credit because of circumstances beyond