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5. PERFORMANCE CRITERIA. <br /> In return for the Incentive payments set forth herein, which are a competitive necessity for <br /> the COMPANY to choose to locate its Facility in the County, the COMPANY commits to <br /> certain performance criteria related to jobs created and increased tax base for the County. <br /> For the COUNTY to provide incentives to support the location of the Facility, and but for the <br /> provision of the incentives contemplated by this Agreement, the COMPANY would not <br /> locate its facility in the County. The Parties acknowledge and agree that the consideration <br /> for the COUNTY to enter into this Agreement is the expectation that the COMPANY will <br /> meet or exceed these performance criteria. <br /> a. The COMPANY agrees to undertake and operate in a timely manner the <br /> following new project in Lee County, a lease of a new building and purchasing <br /> equipment and machinery for the COMPANY's manufacturing operations to be <br /> located at its Sanford, Lee County North Carolina facility, new manufacturing <br /> machinery and equipment and building renovations, and the hiring of at least two <br /> hundred thirty-five(235)New Jobs and maintain all New Jobs through the life of <br /> the project. <br /> b. New Jobs. The COMPANY agrees to create and maintain at least two hundred <br /> thirty-five(235)permanent, full-time New Jobs through the end of the Incentive <br /> Period, as set forth in Paragraph 1 of this Agreement, and as evidenced in Exhibit <br /> B. All New Jobs created pursuant to the terms of this Agreement must be filled <br /> by employees hired to work after the date of this agreement who work at least 35 <br /> (thirty-five)hours per week and whose wages are subject to withholding under <br /> Article 4A of Chapter 105 of the General Statutes. All New Jobs must have an <br /> average annual wage of fifty thousand four hundred seventy dollars($50,470.00). <br /> The COMPANY will hire the New Jobs according to Exhibit B, and must be <br /> maintained through the Incentive Period. If the COMPANY does not meet the <br /> cumulative required number of New Jobs, according to Exhibit B, the incentive <br /> amount paid to the COMPANY for that year will be reduced. If the cumulative <br /> number of New Jobs is not maintained in any fiscal year of the Incentive Period, <br /> the incentive amount for that given year will be reduced. <br /> c. Taxable Investment. The COMPANY agrees to make a privately funded net new <br /> taxable investment in building renovations,machinery, equipment and taxable <br /> improvements as part of the Project, which will amount to a net new taxable <br /> investment of at least $18,000,000.00(eighteen million dollars), over the five- <br /> year life of the Incentive Project. The COMPANY will make taxable investments <br /> each year of the life of the project according to Exhibit A. If the COMPANY <br /> makes such taxable investment and meets the required number of New Jobs, the <br /> COUNTY may pay an incentive amount up to the amount shown on Exhibit A. <br />