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v 4 <br />THOUSAND DOLLARS) set out herein, the COUNTY will <br />reduce the total incentive grant by a prorated amount based <br />off the percentage of actual investment. <br />(2) If the COMPANY does not meet the requirements for New <br />Jobs, including number of jobs, average annual wage, and/or <br />maintaining such New Jobs for five years, pursuant to the <br />provisions set out in this Agreement, COUNTY shall reduce <br />the total incentive grant by a prorated amount based off the <br />percentage of New Jobs meeting the criteria. <br />(3) If any Existing Jobs iminated or cease to exist prior to <br />Closeout and aft t payment by the County, then <br />the Company repay ounty part of the Grant at a <br />prorated p m isting Job nated or not maintained <br />through g ut. <br />b. If at any time during the periodCOMPA bstantially ceases <br />operations at t Project, the all not be ob to pay to the <br />COMPANY her grant fis a <br />C. If at any time t peso ;, COMPANY fails to retain one <br />hun,,red percent o e Exi " �� bs pr at the time the Agreement is <br />1 y�� <br />the C ANY b, n ddWt of this agreement and the <br />�TJNTY fall not be��) �� to p � e COMPANY any further grant <br />8. <br />a. ' ° catio4, d Reporting' he COMPANY shall provide to the <br />a,_ <br />y basis or upon the County's request all <br />necessary by the COUNTY to verify retention of <br />the Exis� Jobs, & &ation and maintenance of the New Jobs, and <br />expendi the Capital Investment described in this agreement, <br />d: <br />cludin t not limited to, Employment Security Commission form <br />I list of all positions used in accounting for the New Jobs and <br />E " '17obs, and the use of the Grant funds. Annual reporting shall be <br />done March 31 every year. <br />b. Force Majeure. If unforeseen calamity, an Act of God, or financial <br />disaster is the alleged cause of the COMPANY'S failure to satisfy or <br />perform any obligation under this Agreement, the COMPANY may <br />request an extraordinary modification of this Agreement from the County. <br />The parties agree that any decision to allow such modification shall be at <br />the sole discretion of the COUNTY and the decision regarding any <br />