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013 <br />agreement and which are attributable to this project has not <br />been sulficient to pay the County the anticipated goal of <br />$465300.00, and to pay the City the anticipated goal of <br />$341.220.00, or <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 $14.53 per hour as <br />determined by current N.C. Employment Commission <br />criteria; then the Company shall refund to LCEDC the full <br />amount of the incentive- <br />(1) If the taxes paid by the recipient of the incentives <br />does not meet the anticipated goals, then the <br />recipient shall refund the amount determined by <br />subtracting the amount of taxes actually paid which <br />arc attributable to the project liom the anticipated <br />goal. <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 />(incentive policy), then it shall refund the full <br />amount of the incentive. <br />(3) If the recipient of the incentives does not meet the <br />standards for both taxes paid and wage rates as set <br />out in Exhibit "C" (incentive policy), then it shall <br />refund amounts determined as follows: <br />(i) The refund attributable to failure to pay the <br />anticipated amount of taxes shall be <br />computed as set out in subparagraph (1) <br />above. <br />(ii) In addition to the refund due after the failure <br />to pay the anticipated amount of taxes, the <br />recipient of the incentives that fails to meet <br />the standard for wage rates shall also refund <br />the full amount of the incentive. <br />(iii) In no event shall the refund exceed the <br />incentive paid. <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 />4 of 27 <br />