1. (a) As used in this section, "recapture provision" means language that requires the recipient of an incentive to repay some part of the incentive.

2. (b) The corporation may waive or modify a recapture provision of this article or an agreement made with a person to whom the corporation has awarded an incentive if the corporation determines that the recipient of an incentive awarded by the corporation has failed to meet a condition for receiving the incentive because of circumstances beyond the recipient's control, including:

   1. (1) natural disaster;
   2. (2) unforeseen industry trends;
   3. (3) lack of available labor force;
   4. (4) loss of a major supplier or market; or
   5. (5) another circumstance beyond the recipient's control, as determined by the corporation.

As added by P.L.110-2010, SEC.13.