2011 - 01-31-2011 Reg. Adj. Meeting

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becK 23 C 1 FORM COMPANY PERFORMANCE AGREEMENT THE ONE NORTH CAROLINA FUND STATE OF NORTH CAROLINA PERFORMANCE AGREFIMENT COUNTY OF WAKE This Performance Agrcement(`A orecrom "), rl'lective file 5111 day OfAuguot, 3010(tbc`Lffcctivu Date "), by and bctoeen Caterpillar Inc., a Delar� are corporation authorized to do business in North Carolina (the "Company "), Caterpillar Logistics Services. Inc., a Delaware corporation authorized to do business in North Carolina (the "Related Member Pam %'), and County of Lee, North Carolina (the �APFlicant "); WITNESSET11: WHEREAS, the Applicant has applied fora One North Carolina Fund grant from the North Carolina Department of Commerce (the "DOC" ): and W II ERE AS, a One North Carolina Fund grant award in the amount of Si, 1- lundred Thousand Dollars (5600 (the' Grant ") has been ne^_ptiated and agreed to by all parties; and WHEREAS, the Grant has been rpproved by DO( pursuant to n C)ne Nnnh Carolina Fund Local Government Grant Agreement with the Applicant ([lie "LGGA" ), and WHEREAS, the Company has also received a Job Development Investment Grant Award ("JDIG ") for (lie Project (defined below), from the North Carolina 6conurnic Investment Cuuuoince, which 1DIG award is governed by the teens of a Community Economic Development Agreement, dated effective August 5, 2010 (the ° CEDA "); WHEREAS, the Company intends to createjobs and investment in North Carolina; and W IIFREAS, the Grant is lobe used by the Company toward the goal of creating three hundred hvumy Ilvc (325) pmoanem full -time ncwjobs in North Carolina butween the Effective Date and December 31, 2014 (the`Ncw Jobs"). with a minimum of tiro hundred fony four (244) of the New Jobs to be created by December 31, 2013(Ihe period from the Effective Date through December 31, 2013, the 'Grant Eli,-ibili) Pcriod" ): and two hundred ninety three (293) of [lie New Jobs to be created by December 3 I, 2014, and maintained at least through December 31, 2015. in order to retain the full Grant mmount (the period from the Effective Date throue,lt December 31, 2015, the `Grant Performance Period" ); W11FREAS_ the Giant is to be used Io%tIod the veal nfcrcntinr Twenty Ei Million - three Hundred thousand Dollars (523,300,000.00) in new investment in the Stae of North Carolina, by December 31, 3013: ;Ind WHEREAS, the Grant is necessary to enable investment and job creation by the Company to occur in Not Cm Aina: and WHEREAS, Iha Grant will stimulate economic activity and create nere jobs for the citizens ofthe State of North Carolina ('wnpfllm Ls _:Let ( w... ; 0,2e Nprth co'oh'm llpul ;Igreamrry (5'- 5 -20H0)