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031 <br />d. If the mean number of NC Employees determined pursuant to Section 1.c is less <br />• than 1014, Frontier shall pay to Lee County an amount equal to $113 multiplied by <br />the difference between 1014 and the mean number of NC Employees determined <br />pursuant to Section 1.c. Such payment shall be due ten (10) days after receipt of <br />demand from Lee County. <br />2. Cotton Purchase: <br />a. Frontier provides that NC cotton purchases and total cotton purchased are based on <br />adequate availability /quality and competitive pricing. Frontier represents that that <br />in 2008, 2009 and 2010, it purchased an average of 660,667 bales of cotton per year <br />of which on average were 165,167 bales of NC Cotton. The average number of bales <br />of NC Cotton purchased by Frontier in 2008, 2009 and 2010 equaled 25% of the <br />average total number of bales of cotton purchased by Frontier in 2008, 2009, and <br />2010. <br />b. Annually on the anniversary of the execution of this Agreement, Frontier will <br />provide to Lee County a certified statement stating the number of bales of NC <br />Cotton that Frontier purchased in the immediately preceding calendar year, the <br />total number of bales of cotton purchased by Frontier during the immediately <br />preceding calendar year, and the percentage the NC Cotton purchased by Frontier <br />during the immediately preceding calendar year was of the total number of bales of <br />cotton purchased by Frontier during that same time. <br />c. Immediately following the fifth anniversary of this Agreement, using the information <br />• previously provided by Frontier, Lee County shall determine: <br />i. The mean number of bales of NC Cotton that Frontier purchased in calendar <br />years 2011, 2012, 2013, 2014, and 2015; and <br />ii. The total number of bales of NC Cotton and of cotton that Frontier <br />purchased during calendar years 2011, 2012, 2013, 2014, and 2015; and <br />iii. The percentage that the number of bales of NC Cotton purchased by <br />Frontier in calendar years 2011, 2012, 2013, 2014, and 2015 was of the total <br />number of bales of cotton purchased by Frontier during calendar years <br />2011, 2012, 2013, 2014, and 2015. <br />d. If the mean number of bales of NC Cotton purchased by Frontier determined <br />pursuant section 2.6 is less than 165,167 bales AND the percentage of the bales of <br />NC Cotton purchased by Frontier during calendar years 2011, 2012, 2013, 2014, and <br />2015 was of the total number of bales of cotton purchased by Frontier's during <br />calendar years 2011, 2012, 2013, 2014, and 2015 less than 25 %, Frontier shall pay to <br />Lee County the lesser of: <br />i. $114,997/165,167 (i.e., the maximum penalty amount divided by the <br />average number of bales of NC Cotton purchased by Frontier during Cys <br />2008 -2010) multiplied by the difference between the average number of <br />bales of NC cotton purchased by Frontier in CYs 2008 through 2010 and the <br />mean number of bales of NC cotton purchased by Frontier in CYs 2011 <br />• through 2015, or <br />