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UA <br />MILLION DOLLARS) and will create and maintain, as further described in paragraph 5, at least <br />15 (FIFTEEN) New Jobs at an average annual wage of $31,200 (THIRTY ONE THOUSAND <br />TWO HUNDRED DOLLARS), as further described herein. <br />3. REPRESENTATIONS BY THE COMPANY. The Company makes the <br />following representations as the basis for the undertakings on its part herein contained: <br />a. The COMPANY is a State of Delaware corporation authorized to do <br />business in North Carolina and in good standing under the laws of the State <br />of North Carolina. The COMPANY has the power and authority to enter <br />into this Agreement, to perform its obligations under and consummate the <br />transaction contemplated by this Agreement, and has by proper action duly <br />authorized the execution and delivery of this Agreement. <br />b. Neither the execution or delivery of this Agreement nor the performance of <br />the obligations under or consummation of the transactions contemplated by <br />this Agreement violates or will violate any law or governmental order, <br />conflicts or will conflict with any provisions of the Articles of Incorporation <br />or the By -Laws of the COMPANY or any material term or provision of any <br />agreement or instrument to which the COMPANY is a party or by which it <br />is bound, or constitutes or will constitute a material breach of or a default <br />under any such agreement or instrument. <br />C. The COMPANY presently intends to operate the Project as a manufacturing <br />facility within the COUNTY until the COUNTY receives the prospective <br />tax revenues from the improvements on the property and until the <br />COMPANY creates 15 (FIFTEEN) New Jobs to be maintained through the <br />end of the Incentive Period as set forth in Paragraph 1 of this Agreement, <br />all conditions of which were contemplated in arriving at the consideration <br />that it receives pursuant to this Agreement. <br />d. The COMPANY hereby certifies that without the incentives provided by <br />the COUNTY (BUT FOR), it would not be able to conduct the Project in <br />the County, and that it has contemplated locating in other states. <br />e. The COMPANY has been informed and understands that reimbursement <br />will be made only for the New Jobs created at an average annual wage rate <br />stated herein and verifiable investment — through an increase in taxable <br />property and machinery — on or after the execution of this document, as is <br />further agreed to herein. <br />f. The COMPANY covenants and agrees to pay the taxes, create the New Jobs <br />at the average annual wage rate, and make the taxable investment, all of <br />which are the subject of this Agreement, in accordance with the purposes <br />and/or under the restrictions and covenants as set forth herein. <br />2 <br />Project Flint Incentive Agreement — 11.20.15 <br />