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046 <br />ii. The average weekly wage paid to the employees at the <br />project during the same period set out in subparagraph i <br />above did not equal or exceed $15.50 per hour as <br />determined by current N.C. Employment Commission <br />criteria; then in either event the Company shall refund to <br />LCEDC amounts determined as follows with respect to the <br />incentives paid from either County funds or City funds or <br />both, as the case may be, to wit: <br />(1) If the taxes paid by the recipient of the incentives <br />does not meet the anticipated goal of double the <br />amount of the incentive paid, then the recipient shall <br />refund the amount determined by subtracting the <br />amount of taxes actually paid which are attributable <br />to the project from the anticipated goal and then <br />dividing the difference by two. <br />(2) If the recipient of the incentives meets the standard <br />for taxes but does not meet the standards for wage <br />rates for a new business as set out in Exhibit "C", <br />then it shall refund the full incentive. <br />4. Assignment. No party shall assign any interest in or obligation under this <br />Agreement without the prior written consent of all of the parties. <br />IN WITNESS WHEREOF, LCEDC has caused this instrument to be signed in its <br />corporate name by its duly authorized Gulwln and its sea! to be hereunto affixed by <br />authority of its Board of Directors, and the Company has caused this instrument to be <br />executed in its company name by its duly authorized manager, both the day and year first <br />above written. <br />.I <br />L <br />4 of 27 <br />