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6 <br />new taxable investment and job creation in excess of the minimum levels outlined in "Section 1" <br />above. Any such agreement shall require a separate "Performance Agreement" which shall <br />conform to all relevant North Carolina Statutes and/or Orange County Ordinances, Policies or <br />Resolutions, shall be in writing, and shall be mutually agreed upon by the Parties. <br />4. PROOF AND CERTIFICATION <br />The officials of Parties to this Agreement shall furnish the necessary reports and certificates to <br />verify that each Party's respective goals are met. Once the Company maintains its investment and <br />employment goals for the term of this Agreement it will no longer need to furnish these reports. <br />Acceptable forms of proof for taxable investment shall be the records of the County Tax <br />Administrator. Acceptable forms of proof of payment of taxes shall be in the form of cancelled <br />checks, and receipts of payment from the County Tax Administrator. Acceptable forms of proof for <br />employment numbers shall be in the form of a notarized statement from a North Carolina licensed <br />Certified Public Accountant and shall be verified by the North Carolina Employment Security <br />Commission. <br />5. REMEDY <br />A. INDUCEMENT PACKAGE: If the County does note meet and maintain the terms set forth in <br />the inducement package, the Company has the option to reduce the amount of its investment and <br />employment package by a pro-rated share upon thirty (30) days written notice to the County. <br />B. DELAY OF INDUCEMENT PACKAGE INITIATION: If .,the Company does not meet <br />employment and investment goals enumerated in this Agreement by December 31, 2011, the onset <br />of this Agreement maybe delayed one {1) year, at the option of the Company. Written notification <br />of a request to delay onset .must be received by the County no later than December 3 i, 2011. This <br />Agreement shall initiate no later than December 31, 2012 and shall expire no later than January 31, <br />2017. <br />G INVESTMENT AND EMPLOYMENT PACKAGE: If the Company does not meet and <br />maintain either the investment or employment goals within the annual timetable set forth in this <br />Agreement, and does not opt to delay the onset of this Agreement as described above, then the <br />county will reduce the annual installment payment on a pro-rata basis until such time as the <br />Company once again meets both the investment and employment goals. Pro-rata reduction shall be <br />computed based on the percentage of the goal not met. If both investment and employment goals <br />are not met, the larger percentage of shortfall will be applied. In order to qualify for the full <br />reimbursement, both investment and employment must meet or exceed the minimum standards <br />outlined above. <br />6. SEVERABILITY <br />If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the <br />legality, validity, or enforceability of the remaining terms, or provisions of this Agreement shall not <br />be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision, there <br />shall be added by mutually agreed upon written amendment to this Agreement, a legal, valid, or <br />enforceable term or provision, as similar as possible to the term or provision declared illegal, <br />invalid, or unenforceable. <br />Page 3 of 7 <br />