§ 51:2370.10 — Failure to perform

Louisiana § 51:2370.10

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§2370.10. Failure to perform
A. A grant recipient shall forfeit the amount of the grant received if it fails to
perform, in material respect, the obligations established in the agreement. Grant recipients
that fail to provide the minimum advertised connection speed and cost at the advertised rate
shall forfeit any matching funds, up to the entire amount received through the GUMBO
program. The office shall use its discretion to determine the amount forfeited. A grant
recipient that forfeits amounts disbursed under this Subpart is liable for up to the amount
disbursed plus interest. The number of subscribers that subscribe to broadband services
offered by the provider in the project area shall not be a measure of performance under the
agreement for the purposes of this Subsection.
B. A grant recipient shall not be required to forfeit the amount of the grant received
if it fails to perform due to a natural disaster, an act of God, force majeure, a catastrophe,
pandemic, the failure to obtain access to private or public property or any government
permits under reasonable terms, or such other occurrence over which the grant recipient has
no control.
C. Except as provided for in Subsection B of this Section, if a grant recipient fails
to perform and fails to return the full forfeited amount required pursuant to this Section, the
ownership and use of the broadband infrastructure funded by the GUMBO program shall
revert to the division of administration.
D. Notwithstanding the provisions of this Section to the contrary, if a grant recipient
fails to complete a project in a material respect, the grant recipient, at the discretion of the
office, may be required to reimburse the state the actual cost to finish the project. The actual
cost to finish the project shall be determined by the office in consultation with the grant
recipient. The office shall not require a grant recipient that it deems has made a good faith
effort to complete a project to reimburse the state an amount greater than the remaining
GUMBO cost per prospective broadband recipient as set forth in the grant recipient's
application.

Legislative History

Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.