Fill - Free fillable MI Stages Grant PDF form

Michigan Stages Survival Grant Program – Page 1

The Michigan Stages Survival grant program (“Program”) shall be used to provide grants to eligible live

music and entertainment venues that have realized a significant financial hardship as a result of the

COVID-19 emergency.

Live music and entertainment venues are defined as businesses/organizations whose primary mission is

to produce and/or present live, disciplined-based performance experiences, to promote and provide

connections through creative expression by sharing creative experiences, expressing our own creativity

or connecting us with others and ourselves.

The Michigan Stages Survival grant program will be carried out through one-time grants to eligible

venues throughout Michigan. These funds are to be used for working capital to support payroll

expenses, rent, mortgage payments, utility expenses, or costs related to reopening a business.

It is the intent to make awards that will impact a broad constituency. Applications will be scored

on an applicant’s eligibility, ability to submit the application in a timely manner, completeness of the

application and the number of applications received. The maximum request is $40,000 with no match

requirement.

To apply to the program, complete this fillable PDF and submit all required attachments no later than

January 28, 2021 at 12 noon via email to MIStages@michigan.org. Emailed applications will not be

considered for review if submitted after the deadline. Applications cannot be edited after the deadline.

Funds will be awarded no later than February 28, 2021.

To qualify for funding the applicant must:

i: Provide documentation* that at least 33% of the 2019 gross revenues are from the sale of tickets for

live music or entertainment events OR receive at least 70% of its earned revenue through cover charges

or tickets sales, production fees or production reimbursements, nonprofit educational initiatives, or the

sale of event beverages, food or merchandise;

ii: The venue must provide documentation* that second quarter revenues from April 1 through June 30,

2020 was not greater than 10% of second quarter revenue from April 1 through June 30, 2019;

iii: Applicant’s business located in Michigan was in existence on February 29, 2020;

iv: If Applicant is a live venue operator, the Applicant must not have, or be majority owned or controlled

by an entity with any of the following: (a) securities listed on a national securities exchange as an issuer;

(b) have venues owned and operated with offices in more than one country; (c) have venues owned and

operated in more than two states; (d) have venues employing more than 30 employees on a full-time

basis.

*Documentation can be in the form of a Quickbooks printout, an excel document or record keeping

ledger that is used by the organization.

If you have any questions, please contact the MEDC Service Center at (888) 522-0103 (select menu

option 1). Hours are 8am-5pm Mon. – Fri. and closed for lunch 12-1pm. During lunch hours, callers may

leave voicemail. You can also send an email to medceconomic@michigan.org

Michigan Stages Survival Grant Program – Page 2

Michigan Stages Survival Grant Application

Business “Applicant” Legal Name:

DBA or Tradename, if applicable:

Physical Address:

City:

State:

Zip Code:

County:

FEIN:

Total number of

full-time employees (full-time employees are defined as individuals who receive a W2 from the applicant,

those receiving a 1099 cannot be counted as full-time employees):

Type of Industry( Drop down for profit/non profit):

Discipline (drop down for disciplines):

Request Amount ($40,000 max):

Primary Business Contact:

Email:

Phone:

The Applicant has completed registration in the State of Michigan State Integrated Governmental Management

Appli

cations (SIGMA) Vendor Self-Service (VS

S) website, Michigan.gov/SIGMAVSS, and its SIGMA registration identification

number is: __________________. The Applicant has entered all required banking information and is registered to receive

EFT payments. If you need assistance with this to complete your Application, please contact the State of Michigan VSS

(SOM VSS) Support Center at SIGMA-Vendor@michigan.gov or 1-888-734-9749. All Program grant funds will only be issued

via EFT.

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Michigan Stages Survival Grant Program – Page 3

PROJECT DESCRIPTION

You may request funds to support the working capital of the venue. Eligible expenses include payroll expenses, rent,

mortgage payments, u

tility expenses, or costs related to reopening a business. Provide a brief description of the

programming that the venue provides and how the venue will use the funds requested.

Michigan Stages Survival Grant Program – Page 4

BUDGET FORM

Show how you plan to spend the requested funds, maximum request is $40,000. Your budget should reflect eligible

costs that will be incurred or have incurred during January 1, 2021 through August 1, 2021. No match is required.

Your budget items must be limited to:

A. Payroll Support: Include salaries, wages, and fringe benefits for personnel, administrative and/or artistic employees.

Funds for contractual personnel and compensation for artists who are paid on a fee basis or contractual basis are not

eligible.

B. Facility Costs: Include items such as rent, mortgage payments, utility expenses

C. Reopening Expenses: Include items that need to be purchased to ensure the safe reopening of the venue.

A. Payroll Support - list number of employees and job position(s):

Cash Expense Requested

Application Checklist:

o Completed PDF application, incomplete applications will be not considered for funding.

o Documentation that at least 33% of the 2019 gross revenues are from the sale of tickets for live music

or entertainment events OR receive at least 70% of its earned revenue through cover charges or

tickets sales, production fees or production reimbursements, nonprofit educational initiatives, or the

sale of event beverages, food or merchandise

o Documentation that second quarter revenues from April 1 through June 30, 2020 was not greater

than 10% of second quarter revenue from April 1 through June 30, 2019

C. Reopening Expenses:

B. Facility Costs:

Cash Expense Requested

Total Requested:

$ 0

Michigan Stages Survival Grant Program – Page 5

The Application, and all supporting documentation, will be evaluated under the Program, including

available funding thereunder.

The Applicant authorizes the Michigan Strategic Fund (“MSF”) to share this Application, together with all

supporting documentation, to representatives of the Michigan Economic Development Corporation

(“MEDC”) and the Michigan Independent Venue and Promoter Association (“MIVPA”), and any of the

Permitted Representatives as later defined in the Additional Terms and Conditions made part of this

Application on the additional pages hereto (“Additional Terms and Conditions”), in furtherance, and for

the purpose, of consideration and approval of an MSF grant under the Program, to satisfy State of Michigan

legislative and audit reporting and compliance required of the MSF, and/or as may be otherwise necessary

or appropriate to administer the Program, or the Program grant funds. The MEDC provides administrative

services to the MSF for administration of this Program.

The Applicant has read, understands, and agrees to all the Additional Terms and Conditions and affirms

that the Applicant’s warrants and representations are true and accurate. Further, if approved for an MSF

grant under the Program, the Applicant understands that upon receipt of the MSF grant funds, the

Applicant is bound by all the terms of this Application, including all the Additional Terms and Conditions.

The Applicant affirms that its venue is not a convention center in a city with a population over 500,000 that

was eligible for funds under the state convention facility development act, 1985 PA 106, MCL 207.621 to

207.640.

Approval of an MSF grant under the Program is only upon the signature of the MSF below, and the MSF will

notify the Applicant by providing the signed copy to the Applicant. Subject to the Additional Terms and

Conditions, the MSF will thereafter begin the process to disburse Program grant funds to the Applicant to

the SIGMA account for the Applicant.

The person signing below certifies has authority to sign on behalf of the Applicant:

Authorized signature

Printed Name

Dated

If the Application is approved for an MSF grant under the Program, the signature of the MSF will be

denoted below and provided to the Applicant.

Michigan Strategic Fund by:

Name Fund Manager

Title

Dated

click to sign

signature

click to edit

click to sign

signature

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Michigan Stages Survival Grant Program – Page 6

ADDITIONAL

TERMS AND

CONDITIONS:

Organization and

Authority. The

Applicant is duly

organized and

registered to

conduct business

in Michigan and

has the power and

authority to enter

into and perform

its obligations

under this

Application.

2. Full

Disclosure. The

Application, and

any supporting

documentation

submitted by the

Applicant does

not, and will not

contain, any

untrue statement

of material fact, or

to the best of the

Applicant’s

knowledge, omit

or shall omit any

material fact

necessary to make

the statements

true.

Compliance with

Laws. To its

knowledge, the

Applicant is not,

and will not

through

September 30,

2021, be in

material violation

of any laws,

ordinances,

regulations, rules,

orders, judgments,

decrees or other

requirements

imposed by any

governmental

authority to which

it is subject and

will not knowingly

fail to obtain any

licenses, permits

or other

governmental

authorizations

necessary to the

ownership of its

properties or to

the conduct of its

business, which

violation or failure

to obtain are

reasonably likely

to materially and

adversely affect its

business, profits,

properties or

condition

(financial or

otherwise).

4. Use of

Program grant

funds. The

Applicant will only

use the Program

grant funds for

working capital to

support payroll

expenses, rent,

mortgage

payments, utility

expenses, or costs

related to

reopening a

business (“Eligible

Expenses”) as

noted by the

Applicant in this

Application, and

the Applicant will

not use any MSF

Program grant

funds for the

development of a

stadium or arena

for use by a

professional sports

team or

development of a

casino or property

associated or

affiliated with the

operation of a

casino as

prohibited by the

Act (see MCL

125.2088c(3)(a)

and (b)), or to

induce the

Applicant, a

qualified business,

or small business

to leave the State,

or to contribute to

the violation of

internationally

recognized

workers’ rights, of

workers in a

country other than

the US, or to fund

an entity

incorporated in a

tax haven country,

as prohibited by

the MSF Act (see

MCL 125.2088c(4)

(c), (d), and (e)).

5. Criminal

or Civil Matters.

The Applicant

affirms that to the

best of its

knowledge that it

or its affiliates,

subsidiaries,

officers, directors,

managerial

employees, and

any person who,

directly or

indirectly, holds a

pecuniary interest

in the Applicant of

Twenty percent

(20%) or more: (i)

do not have any

criminal

convictions

incident to the

application for or

performance of a

state contract or

subcontract; and

(ii) do not have

any criminal

convictions or

have not been

held liable in a civil

proceeding, that

negatively reflects

on the person’s

business integrity,

based on a finding

of embezzlement,

theft, forgery,

bribery,

falsification or

destruction of

records, receiving

stolen property, or

violation of state

or federal antitrust

statutes.

6. Taxes. The

Applicant is

current, under an

approved payment

plan, or otherwise

contesting in good

faith, all federal,

State of Michigan,

local and real

estate taxes.

Unless contested

in good faith and

discharged by

appropriate

proceedings, or

under an

approved payment

plan, the Applicant

shall, through

September 30,

2021, promptly

pay and discharge

all such taxes, any

assessments, and

any governmental

charges lawfully

levied or imposed

upon it (in each

case, before they

become

delinquent and

before penalties

accrue).

Suspension or

Termination.

Notwithstanding

anything to the

contrary, the

MSF’s obligation

to disburse any

portion of the

Program grant

shall automatically

be suspended, and

may be

terminated, at the

option of the MSF,

if the MEDC or

MSF determines

that (i) the

Applicant has

made any material

misrepresentation

in the Application

or any supporting

documentation, or

(ii) if the Applicant

fails to comply

with any of these

Additional Terms

and Conditions.

8. Unused

MSF grant funds.

An amount equal

to the amount of

the MSF Program

grant funds that

are not used for

the Eligible

Expenses specified

by the Applicant

herein, during the

period of January

1, 2021 through

August 31, 2021,

shall be remitted

back to the MSF

immediately after

August 31, 2021.

9. Other

Repayment. If the

Applicant does not

submit the report

described in

paragraph 16 or if

there is a material

misrepresentation

in the Application

or any supporting

documentation

submitted by the

Applicant, or if the

Applicant fails to

comply with all of

these Additional

Terms and

Conditions, at the

option of the MSF,

the Applicant shall

repay the MSF an

amount equal to

One Hundred

percent (100%) of

the Program grant

funds paid to the

Applicant. The

MSF retains all

remedies under

the law or in

equity, and each

shall be

cumulative. The

Applicant shall

also pay all costs

and expenses,

including, without

limitation,

reasonable

attorney’s fees

and expenses

incurred by the

MSF in collecting

any sums due the

MSF. A failure or

delay by the MSF

in exercising any

right hereunder

will not be

presumed to

operate as a

waiver, and a

single or partial

exercise of any

right by the MSF

will not be

presumed to

preclude any

subsequent or

further exercise by

the MSF of that

right or the

exercise of any

other right.

10.

Termination of

Funding. In the

event that the

Michigan

legislature or

government fail to

provide or

terminates the

funding necessary

for the MSF to

fund the Program

grant to the

Applicant, the MSF

has no obligation

to make any

disbursements to

the Applicant.

11. Non-

Discrimination and

Unfair Labor

Practices. In

connection with

this Application,

the Applicant

agrees not to

discriminate

against any

employee or

applicant for

employment, with

respect to their

hire, tenure,

terms, conditions

or privileges of

employment, or

any matter directly

or indirectly

related to

employment,

because of race,

color, religion,

national origin,

ancestry, age, sex

(including sexual

orientation and

gender identity or

expression as

defined in

Executive Directive

2019-09), height,

weight, marital

status, partisan

considerations,

physical or mental

disability, or

genetic

information (as

defined in

Executive Directive

2019-09) that is

unrelated to the

individual’s ability

to perform the

duties of the

particular job or

position. The

Applicant further

agrees that every

subcontract

entered into for

performance of

the project will

contain a provision

requiring

nondiscrimination

in employment

binding upon each

subcontractor.

This covenant is

required, as

applicable under

the Elliot Larsen

Civil Rights Act,

1976 PA 453, MCL

37.2101, et seq.,

and the Persons

with Disabilities

Civil Rights Act,

1976 PA 220, MCL

37.1101, et seq.,

and is consistent

with Executive

Directive 2019-09,

and any breach

thereof may be

regarded as a

material breach of

this Agreement.

Under 1980 PA

278, MCL 423.321,

et seq., the State

shall not award a

contract or

subcontract to an

employer whose

name appears in

the current

employers failing

to correct an

unfair labor

practice compiled

under MCL

423.322. The

United States

Labor Relations

Board compiles

this information.

The Applicant shall

not enter into a

contract with a

subcontractor,

manufacturer, or

supplier whose

name appears in

this register.

Under MCL

423.324, Michigan

may void any

contract if,

subsequent to the

award of the

contract, the name

of the Applicant as

an employer, or

the name of a

subcontractor,

manufacturer, or

supplier of the

Applicant appears

in the register.

12.

Indemnification

and Hold

Harmless. The

MSF, the State of

Michigan, the

MEDC and its

Executive

Committee, and all

of respective

directors,

participants,

officers, agents,

employees or

representatives of

the foregoing

(collectively, the

“Indemnified

Persons”) shall not

be liable to the

Applicant for any

reason. The

Applicant shall

forever indemnify

and hold the

Indemnified

Persons harmless

against all claims

asserted by or on

behalf of any

individual person,

firm or entity

(other than an

Indemnified

Person), arising or

resulting from, or

in any way

connected with

this Application, or

any act or failure

to act by the

Applicant under

this Application,

including all

liabilities, costs

and expenses,

including

reasonable

counsel fees,

incurred in any

action or

proceeding

brought by reason

of any such claim.

The Applicant shall

also forever

indemnify the

Indemnified

Persons from and

against all costs

and expenses,

including

reasonable

counsel fees

lawfully incurred

in enforcing any

obligation of the

Applicant under

this Application.

Performance of

the Applicant’s

obligations

contemplated

under this

Application is

within the sole

control of the

Applicant and its

employees, agents

and contractors,

and an

Indemnified

Person shall have

no liability in tort

or otherwise for

any loss or

damage caused by

or related to the

actions or failures

to act, products

and processes of

the Applicant, its

employees, agents

or contractors.

13. Access to

Records/Proof of

Eligible Expenses.

For a period of

seven (7) years

after

disbursement of

the Program grant

funds to Applicant,

to enable any

representative of

MIVPA, the State

of Michigan

Auditor General,

the Department of

Technology,

Management and

Budget, any other

department or

agency of the

State of Michigan,

the MSF, or the

MEDC

(collectively,

“Permitted

Representatives”)

to monitor and

ensure compliance

with the terms of

this Application,

the Program, or

any rules,

regulations or

requirements

thereunder, the

Applicant shall

comply with any

reasonable

request of any

Permitted

Representatives

and provide copies

of all financial

records and all

other information

and data relevant

to the terms of

this Application or

the Program,

including receipts

or other proof of

the Eligible

Expenses incurred

and paid by the

Applicant, all as

are acceptable to

the MSF. In

addition, the

Applicant permits

any Permitted

Representative to

visit the Applicant

and any other

location where

books and records

of the Applicant

are normally kept,

to remove,

photograph, copy

and inspect, any of

the aforesaid

records or

information, all as

may be subject to

the confidentiality

provisions set

forth below.

14. Conflict of

Interest. The

Applicant affirms

that there exists

no actual or

potential conflict

of interest

between the

Applicant and its

owners, officers,

directors,

managers,

members, or

employees and

any of the

Indemnified

Persons and the

performance by

the Applicant of its

obligations under

this Application.

The Applicant

further affirms

that neither the

Applicant, nor its

owners, officers,

directors,

managers, or

members, or

employees, have

accepted, shall

accept, have

offered, or shall

offer, directly or

indirectly,

anything of value

to influence the

Indemnified

Persons.

15.

Assignment. The

MSF may at any

time assign its

rights and/or

obligations under

this Application

and/or the

Program. The

Applicant may not

assign its rights

and/or obligations

under this

Application

without the prior

written consent of,

and on terms and

conditions

acceptable to, the

MSF.

16. Final

Reporting. The

Applicant will be

required to submit

a final report no

later than August

31, 2021, in a form

to be provided by

the MEDC if the

grant is awarded.

17.

Confidentiality

Acknowledgement

. In accordance

with Section 5(9)

of the MSF Act,

MCL 125.2005(9),

the MSF

acknowledges as

confidential any

portion of the

Application or

ancillary or related

documents or

records submitted

in support of this

Application that

includes any of the

following business

or personal

information

pertaining to the

Applicant: financial

statements

(including without

limitation, income

statements,

balance sheets,

statements of cash

flow and profit

and loss

statements), ratio

analysis, appraisals

and other

appraisal

reporting,

collateral analysis,

accounts

receivable aging

reports, customer

or service provider

names and lists,

tax returns, credit

reports, social

security or other

tax identification

numbers, and any

analysis, report or

record of any kind

by or on behalf of

the Applicant

containing any of

the foregoing

information (the

“Confidential

Information”). The

Applicant agrees

that the MSF and

any other

Permitted

Representative

may share

the

Confidential

Information with

any other

Permitted

Representative or

other

governmental unit

in furtherance,

and for the

purpose, of

consideration and

approval of an

MSF grant under

ADDITIONAL TERMS AND CONDITIONS:

1. Organization and Authority. The Applicant is duly organized and registered to conduct business in Michigan

and has the power and authori

ty to enter into and perform its obligations under this Application.

2. Full Disclosure. The Application, and any supporting documentation submitted by the Applicant does not,

and will not contain, any untrue statement of material fact, or to the best of the Applicant’s knowledge, omit or shall

omit any material fact necessary to make the statements true.

3. Compliance with Laws. To its knowledge, the Applicant is not, and will not through September 30, 2021, be

in material violation of any laws, ordinances, regulations, rules, orders, judgments, decrees or other requirements

imposed by any governmental authority to which it is subject and will not knowingly fail to obtain any licenses,

permits or other governmental authorizations necessary to the ownership of its properties or to the conduct of its

business, which violation or failure to obtain are reasonably likely to materially and adversely affect its business,

profits, properties or condition (financial or otherwise).

4. Use of Program grant funds. The Applicant will only use the Program grant funds for working capital to

support payroll expenses, rent, mortgage payments, utility expenses, or costs related to reopening a business

(“Eligible Expenses”) as noted by the Applicant in this Application, and the Applicant will not use any MSF Program

grant funds for the development of a stadium or arena for use by a professional sports team or development of a

casino or property associated or affiliated with the operation of a casino as prohibited by the Act (see MCL

125.2088c(3)(a) and (b)), or to induce the Applicant, a qualified business, or small business to leave the State, or to

contribute to the violation of internationally recognized workers’ rights, of workers in a country other than the US, or

to fund an entity incorporated in a tax haven country, as prohibited by the MSF Act (see MCL 125.2088c(4)(c), (d),

and (e)).

5. Criminal or Civil Matters. The Applicant affirms that to the best of its knowledge that it or its affiliates,

subsidiaries, officers, directors, managerial employees, and any person who, directly or indirectly, holds a pecuniary

interest in the Applicant of Twenty percent (20%) or more: (i) do not have any criminal convictions incident to the

applicati

on for or performance of a state contract or subcontract; and (ii) do not have any criminal convictions or

have not been held liable in a civil proceeding, that negatively reflects on the person’s business integrity, based on a

finding of embezzlement,

theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or

violation of state or federal antitrust statutes.

6. Taxes. The Applicant is current, under an approved payment plan, or otherwise contesting in good faith, all

federal, State of Michigan, local and real estate taxes. Unless contested in good faith and discharged by appropriate

proceedings, or under an approved payment plan, the Applicant shall, through September 30, 2021, promptly pay

and discharge all such taxes, any assessments, and any governmental charges lawfully levied or imposed upon it (in

each case, before they become delinquent and before penalties accrue).

7. Suspension or Termination. Notwithstanding anything to the contrary, the MSF’s obligation to disburse any

portion of the Program grant shall automatically be suspended, and may be terminated, at the option of the MSF, if

the MEDC or MSF determines that (i) the Applicant has made any material misrepresentation in the Application or

any supporting documentation, or (ii) if the Applicant fails to comply with any of these Additional Terms and

Conditions.

8. Unused MSF grant funds. An amount equal to the amount of the MSF Program grant funds that are not used

for the El

igible Expenses specified by the Applicant herein, during the period of January 1, 2021 through August 31,

2021,

shall be remitted back to the MSF immediately after August 31, 2021.

9. Other Repayment. If the Applicant does not submit the report described in paragraph 16 or if there is a

material misrepresentation in the Application or any supporting documentation submitted by the Applicant, or if the

Applicant fails to comply with all of these Additional Terms and Conditions, at the option of the MSF, the Applicant

shall repay the MSF

an amount equal to One Hundred percent (100%) of the Program grant funds paid to the

Appl

icant. The MSF retains all remedies under the law or in equity, and each shall be cumulative. The Applicant shall

also pay all costs and expenses, including, without limitation, reasonable attorney’s fees and expenses incurred by

the MSF in collecting any sums due the MSF. A failure or delay by the MSF in exercising any right hereunder will not

be presumed to operate as a waiver,

and a single or partial exercise of any right by the MSF will not be presumed to

preclude any subsequent or further exercise by the MSF of that right or the exercise of any other right.

Michigan Stages Survival Grant Program – Page 7

10. Termination of Funding. In the event that the Michigan legislature or government fail to provide or terminates

the funding necessary for the MSF

to fund the Program grant to the Applicant, the MSF has no obligation to make any

disbursements to the Applicant.

11. Non-Discrimination and Unfair Labor Practices. In connection with this Application, the Applicant agrees not to

discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or

privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion,

national origin, ancestry, age, sex (including sexual orientation and gender identity or expression as defined in

Executive Directive 2019-09), height, weight, marital status, partisan considerations, physical or mental disability, or

genetic information (as defined in Executive Directive 2019-09) that is unrelated to the individual’s ability to perform

the duties of the particular job or position. The Applicant further agrees that every subcontract entered into for

performance of the project will contain a provision requiring nondiscrimination in employment binding upon each

subcontractor. This covenant is required, as applicable under the Elliot Larsen Civil Rights Act, 1976 PA 453, MCL

37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and is consistent

with Executive Directive 2019-09, and any breach thereof may be regarded as a material breach of this Agreement.

Under 1980 PA 278, MCL 423.321, et seq., the State shall not award a contract or subcontract to an employer whose

name appears in the current register of employers failing to correct an unfair labor practice compiled under MCL

423.322. The United States Labor Relations Board compiles this information. The Applicant shall not enter into a

contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Under MCL 423.324,

Michigan may void any contract if, subsequent to the award of the contract, the name of the Applicant as an employer,

or the name of a subcontractor, manufacturer, or supplier of the Applicant appears in the register.

12. Indemnification and Hold Harmless. The MSF, the State of Michigan, the MEDC and its Executive Committee,

and all of respective directors, participants, officers, agents, employees or representatives of the foregoing

(collectively, the “Indemnified Persons”) shall not be liable to the Applicant for any reason. The Applicant shall forever

indemnify and hold the Indemnified Persons harmless against all claims asserted by or on behalf of any individual

person, firm or entity (other than an Indemnified Person), arising or resulting from, or in any way connected with this

Application, or any act or failure to act by the Applicant under this Application, including all liabilities, costs and

expenses, including reasonable counsel fees, incurred in any action or proceeding brought by reason of any such claim.

The Applicant shall also forever indemnify the Indemnified Persons from and against all costs and expenses, including

reasonable counsel fees lawfully incurred in enforcing any obligation of the Applicant under this Application.

Performance of the Applicant’s obligations contemplated under this Application is within the sole control of the

Applicant and its employees, agents and contractors, and an Indemnified Person shall have no liability in tort or

otherwise for any loss or damage caused by or related to the actions or failures to act, products and processes of the

Applicant, its employees, agents or contractors.

13. Access to Records/Proof of Eligible Expenses. For a period of seven (7) years after disbursement of the Program

grant funds to Applicant, to enable any representative of MIVPA, the State of Michigan Auditor General, the

Department of Technology, Management and Budget, any other department or agency of the State of Michigan, the

MSF, or the MEDC (collectively, “Permitted Representatives”) to monitor and ensure compliance with the terms of this

Application, the Program, or any rules, regulations or requirements thereunder, the Applicant shall comply with any

reasonable request of any Permitted Representatives and provide copies of all financial records and all other

information and data relevant to the terms of this Application or the Program, including receipts or other proof of the

Eligible Expenses incurred and paid by the Applicant, all as are acceptable to the MSF. In addition, the Applicant

permits any Permitted Representative to visit the Applicant and any other location where books and records of the

Applicant are normally kept, to remove, photograph, copy and inspect, any of the aforesaid records or information, all

as may be subject to the confidentiality provisions set forth below.

14. Conflict of Interest. The Applicant affirms that there exists no actual or potential conflict of interest between

the Applicant and its owners, officers, directors, managers, members, or employees and any of the Indemnified

Persons and the performance by the Applicant of its obligations under this Application. The Applicant further affirms

that neither the Applicant, nor its owners, officers, directors, managers, or members, or employees, have accepted,

shall accept, have offered, or shall offer, directly or indirectly, anything of value to influence the Indemnified Persons.

Michigan Stages Survival Grant Program – Page 8

15. Assignment. The MSF may at any time assign its rights and/or obligations under this Application and/or the

Program. The Appli

cant may not assign its rights and/or obligations under this Application without the prior written

consent of, and on terms and conditions acceptable to, the MSF.

16. Final Reporting. The Applicant will be required to submit a final report no later than August 31, 2021, in a

form to be provi

ded by the MEDC if the grant is awarded.

17. Confidentiality Acknowledgment. In accordance with Section 5(9) of the MSF Act, MCL 125.2005(9), the

MSF acknowl

edges as confidential any portion of the Application or ancillary or related documents or records

submitted in support of this Application that includes any of the following business or personal information

pertaining to the Applicant: financial statements (including without limitation, income statements, balance sheets,

statements of cash flow and profit and loss statements), ratio analysis, appraisals and other appraisal reporting,

col

lateral analysis, accounts receivable aging reports, customer or service provider names and lists, tax returns,

credit reports,

social security or other tax identification numbers, and any analysis, report or record of any kind by or

on behalf of the Applicant containi

ng any of the foregoing information (the “Confidential Information”). The

Appl

icant agrees that the MSF and any other Permitted Representative may share the Confidential Information with

any other Permitted Representati

ve or other governmental unit in furtherance, and for the purpose, of

consideration and approval of an MSF grant under the Program, and/or to satisfy State of Michigan and federal

legi

slative and audit reporting and compliance required of the MSF, and/or as may be otherwise necessary or

appropriate to admi

nister the Program, or the Program grant funds. Further, notwithstanding anything to the

contrary, any Permi

tted Representative may disclose any Confidential Information: (i) to the extent required by

applicabl

e law without exemption deemed appropriate by the Permitted Representative, (ii) if, before the date the

Appl

ication is signed by the Applicant, such information or data was generally publicly available; (iii) if, before the

date the Application is signed by the Applicant, such information or data becomes publicly available without fault of

or action on the part of the Permi

tted Representative, and (iv) in all other cases, to the extent that the Applicant

gives its prior wri

tten consent to disclosure.

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