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COMPANY that received any incentives made possible by this grant, as set forth herein, <br /> and COMPANY,or any party, shall remit such incentive funds promptly to the <br /> COUNTY and the COMPANY shall bear all costs of collection. If the Project as <br /> described in this Agreement and the attached exhibits does not meet the Performance <br /> Criteria set out herein and the standards for the incentive paid as set out in Exhibit A,all <br /> or part of the Grant Award must be repaid,reduced or reimbursed as follows: <br /> a. If 1)the amount of ad valorem taxes paid to the COUNTY over the term of this <br /> agreement which are attributable to this project has not been sufficient to pay to <br /> the COUNTY the amount of incentives paid from COUNTY funds, which could <br /> amount to up to $306,639.45 (three hundred and six thousand, six hundred and <br /> thirty-nine dollars and forty-five cents)in the next SEVEN fiscal years and/or 2) <br /> the total number of New Jobs do not meet 109 as evidenced by Exhibit A and <br /> does not meet the average annual wage of$34,954.00 (thirty-four thousand,nine <br /> hundred and fifty-four dollars),then in any event,the COUNTY shall reduce the <br /> grant amount paid from COUNTY funds in the following manner, determined <br /> each year of the Incentive Agreement: <br /> i. If the ad valorem taxes paid by the COMPANY do not meet the required <br /> minimum amount of ad valorem taxes attributable to the cumulative <br /> taxable investment that is evidenced each year in Exhibit A,the COUNTY <br /> will reduce the total incentive grant by a prorated amount based off the <br /> percentage of actual cumulative investment by year of the incentive <br /> agreement. <br /> ii. If the COMPANY does not meet the requirements for cumulative New <br /> Jobs, including number of jobs, average annual wage as evidenced in <br /> Exhibit A, the COUNTY shall reduce the total incentive grant by a <br /> prorated amount as of each calendar year of the incentive. <br /> iii. If any New Jobs are eliminated or cease to exist prior to Closeout and after <br /> any grant payment by the COUNTY, then the COUNTY shall reduce the <br /> total incentive grant by a prorated amount based off the percentage of <br /> original New Jobs according to Exhibit A versus actual jobs. <br /> b. If at any time during the Grant period,the COMPANY substantially ceases <br /> operations at the Project, the COUNTY shall not be obligated to pay to the <br /> COMPANY any further grant funds and may ask for reimbursement for grant <br /> funds expended. <br /> 8. TERMINATION. <br /> a. This agreement shall terminate and the COMPANY shall be in breach for the <br /> following reasons as determined by the COUNTY, including, but not limited to <br /> the following: <br /> i. Failure to pay taxes; <br /> ii. Failure to comply with the terms and conditions of this Agreement; <br />