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COMPANY PERFORMANCE AGREEMENT <br /> THE ONE NORTH CAROLINA FUND <br /> STATE OF NORTH CAROLINA <br /> COUNTY OF WAKE <br /> This Company Performance Agreement (the "CPA"), effective the 15'h day of June, 2011 (the <br /> "Effective Date"), by and between AKG North America, Inc., a Delaware C Corporation authorized to do <br /> business in North Carolina (the "Company"), AKG North American Operations, Inc., AKG of America, <br /> Inc. and AKG Thermal Systems, Inc., Delaware C Corporations authorized to do business in North <br /> Carolina (the "Related Member Parties"), and Orange County, North Carolina (the "Local <br /> Government,"and,together with the Company and Related Member Parties,the"Parties"); <br /> WITNESSETH: <br /> WHEREAS,the Local Government has applied for a One North Carolina Fund grant from the North <br /> Carolina Department of Commerce(the"DOC");and <br /> WHEREAS, a One North Carolina Fund grant award in the amount of One Hundred Thousand <br /> Dollars($100,000)(the"Grant")has been negotiated and agreed to by DOC and the Parties;and <br /> WHEREAS, the Grant has been approved by DOC for disbursement to the Local Government <br /> pursuant to the terms of the One North Carolina Fund Local Government Grant Agreement between the <br /> Local Government and the DOC (the"LGGA");and <br /> WHEREAS,the Grant is to be used by the Company toward the goal of creating seventy-six(76) new <br /> jobs(the "Target New Jobs") which shall be permanent full-time jobs (each, a "New Job"), and Three <br /> Million Three Hundred Thousand Dollars ($3,300,000) (the "Target Investment") in new investment in <br /> the State of North Carolina(the"State"); and <br /> WHEREAS, the Related Member Parties will be responsible for some of the performance required by <br /> this CPA and the benefits thereof are defined between the Company and the Related Member Parties;and <br /> WHEREAS, the Company has represented that the Grant is necessary to enable the investment and <br /> job creation by the Company to occur and go forward in North Carolina;and <br /> WHEREAS, the Grant will enable retention of 273 permanent full time jobs and 38 temporary full <br /> time jobs (the "Retained Jobs"), which is the number of positions the Company maintained in North <br /> Carolina prior to the Effective Date; <br /> WHEREAS, the Grant will stimulate economic activity and create new jobs for the citizens of the <br /> State of North Carolina;and <br /> WHEREAS,the Grant is issued pursuant to and subject to the terms of N.C.Gen. Stat. § 143B-437.70 <br /> et seq. and the Guidelines and Procedures for Commitment of Funds from the One North Carolina Fund <br /> (the"Program Guidelines"); <br /> One NC Company Performance Agreement <br /> AKG North America,Inc. <br /> Orange County <br /> - 1 - <br />