Orange County NC Website
and employment goals for the term of this Agreement it will no longer need to furnish these <br />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 <br />for employment numbers shall be in the form of a notarized statement from a North Carolina <br />licensed Certified Public Accountant and shall be verified by the North Carolina Employment <br />Security Commission. <br />6. REMEDY <br />A. INDUCEMENT PACKAGE: If the County does not meet and maintain the terms set forth <br />in the inducement package, the Company has the option to the rights set forth in Section 11A of <br />this Agreement upon thirty (30) days written notice to the County. <br />B. DELAY OF INDUCEMENT PACKAGE INITIATION: If the Company believes that it will <br />not meet employment and investment goals that are to be met pursuant to this Agreement by <br />December 31, 2018, the onset of this Agreement may be delayed one (1) year, at the option of <br />the Company. Written notification of a request to delay onset must be received by the County <br />no later than December 31, 2014. In that event this Agreement shall initiate no later than <br />December 31, 2014 and shall expire no later than January 31, 2020. In the event the <br />employment and investment goals are not met due to causes beyond the control of the <br />Company, the period in which such employment and investment goals are to be met shall be <br />tolled by the period of such delay caused by such causes beyond the control of the Company <br />(for purposes of this Section 6B causes beyond the control of the Company are limited to <br />delay in completion of public works construction such as access road, utilities, water and <br />sewer lines). <br />C. 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 as set forth in Section 2D of this Agreement <br />until such time as the Company once again meets both the investment and employment goals. <br />Reduction shall be computed based on the percentage of the goal not met. In order to qualify for <br />the full reimbursement, including recovery of any prior reductions, both investment and <br />employment must meet or exceed the minimum standards outlined above prior to the natural <br />termination of this Agreement. <br />7. 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 <br />not be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision, <br />there shall be added by mutually agreed upon written amendment to this Agreement, a legal, <br />valid, or enforceable term or provision, as similar as possible to the term or provision declared <br />illegal, invalid, or unenforceable. <br />2054461.2 <br />21896 -200 Page 6 of 12 <br />