Orange County NC Website
EXHIBIT A <br /> TO COMPANY PERFORMANCE AGREEMENT <br /> COMPANY DISBURSEMENT REQUEST AND CERTIFICATION <br /> Project No. 2011-7604 <br /> AKG North America,Inc. (the "Company") hereby requests that a disbursement <br /> in the amount of [spell <br /> out dollar amount] ($ )be made by the North Carolina Department of <br /> Commerce (the "DOC") to Orange County(the "Local Government"), pursuant to that <br /> certain Company Performance Agreement between the Company, AKG North <br /> American Operations,Inc.,AKG of America,Inc. and AKG Thermal Systems,Inc. <br /> (the "Related Members"), and the Local Government, dated as of June 15, 2011 (the <br /> "CPA") and that certain Local Government Grant Agreement between the Local <br /> Government and the DOC, dated as of June 15, 2011 (the "LGGA," and, together with <br /> the CPA,the "Agreements"). All capitalized terms not otherwise defined herein have <br /> the meaning ascribed to them in the Agreements. <br /> The Company hereby certifies that: <br /> (i) attached hereto is a true and correct copy of the Company's latest NCUI 101 <br /> form (or Multiple Worksite Report Form 3020, if applicable) filed with the <br /> State; and a copy of the NCUI 101 form(or Form 3020) filed with the State <br /> prior to the expansion; <br /> (ii) it has retained permanent full time jobs and temporary <br /> full time jobs; <br /> (iii) it has created and retained New Jobs,' which are net new positions <br /> for the Company's operations in the state, and no New Job (or employee)has <br /> been transferred from any existing North Carolina operations of the Company <br /> or any of its affiliates; <br /> (iv) it has obtained all required environmental permits for the Project; <br /> ' This is determined by obtaining the average number of new employees over the quarter reported. The <br /> company should add the three figures that represent NEW JOBS ONLY during each of the three months of <br /> the quarter reported in the NCUI 101,and divide that number by three. DO NOT INCLUDE PART-TIME, <br /> TEMPORARY OR SEASONAL JOBS, OR JOBS THAT EXISTED PRIOR TO THE GRANT AWARD. <br /> BE PREPARED TO SUPPORT THIS NUMBER WITH ADDITIONAL DOCUMENTATION, <br /> INCLUDING IDENTIFICATION OF INDIVIDUAL FULL-TIME EMPLOYEES AND THEIR WAGES. <br /> 1 One NC Company Disbursement Request <br /> AKG North America,Inc. <br /> Orange County <br />