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STATE OF NORTH CAROLINA <br /> ORANGE COUNTY <br /> PERFORMANCE AGREEMENT BETWEEN ORANGE COUNTY,NORTH CAROLINA, <br /> AND WEGMANS FOOD MARKETS,INC. <br /> This Agreement made and entered into the 1St day of November, 2016 ("Effective Date") by and <br /> between Orange County, a political subdivision of the State of North Carolina("County")and <br /> WEGMANS FOOD MARKETS,INC. ("Wegmans"), a New York corporation,with a facility to be <br /> located in Chapel Hill, Orange County,North Carolina("Company"), for the purpose of incentivizing <br /> Company's investment and location in Orange County. <br /> Company is a New York registered corporation with its principal place of business in Rochester,New <br /> York. Company's Facility(as defined below) shall provide retail services in Chapel Hill, Orange <br /> County,North Carolina. Company represents it is duly authorized to conduct business in North <br /> Carolina. It is understood that the levels of performance required by this Agreement are to be met by <br /> Company as a whole and in their entirety at its Facility in Orange County. Accordingly, the term <br /> "Company" as used in this Agreement refers to the entire group at such Facility. <br /> WITNESSETH <br /> THAT WHEREAS,the County has offered to the Company an inducement package as hereinafter set <br /> forth; and <br /> WHEREAS,but for the offer of an inducement package the Company would not be locating its Facility <br /> within Orange County; and <br /> WHEREAS, the Company has agreed to meet and continue meeting the minimum investment and <br /> employment requirements as hereinafter set forth; <br /> NOW, THEREFORE,the parties hereto in consideration of these mutual covenants and agreements <br /> passing from each to the other do hereby agree as follows: <br /> 1. DEFINITIONS. As used in this Agreement the terms below will have the following meanings: <br /> A. "Affiliate." A company that the Company controls, controls the Company, or is under <br /> common control with the Company. <br /> B. "Certified Public Accountant." An accountant who is a licensed certified public <br /> accountant,whose license is in good standing, and who is not associated or affiliated <br /> with Company or County. <br /> C. "Commencement Date." The date on which the Company opens for business to the <br /> public at the Subject Property, after having obtained applicable governmental approvals, <br /> certificates of zoning compliance,and certificates of occupancy. Unless delayed by <br /> causes beyond the control of the Company,the Commencement Date is anticipated to be <br /> no later than September 30, 2019. <br /> Page 1 of 13 <br />