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12 <br /> Agreement. Should the Company exercise its option to terminate this Agreement,pursuant to <br /> this Section for failure by the County,the Company shall be entitled to retain all funds paid to or <br /> for the benefit of the Company pursuant to this Agreement. On the other hand, should the <br /> Company terminate this Agreement for any reason other than the default by the County to <br /> provide for any inducement installment to the Company, the Company shall repay to the <br /> County all funds paid to or for the benefit of the Company pursuant to this Agreement. <br /> Thereafter, the County shall have no further obligation to make inducement installments <br /> annually or otherwise. Any such termination of this Agreement by the Company shall be in <br /> writing and shall meet notice requirements as set out herein. <br /> B. COUNTY: The County shall have the option of terminating this Agreement upon any <br /> Abandonment of Operations by the Company, without penalty or further obligation to the <br /> County, which option shall be executed by giving written notice to the Company. <br /> Abandonment of Operations shall be defined as a period in excess of eight (8)weeks during <br /> which the Company's level of Full Time Equivalent Employees or Direct Investment goes <br /> below thirty percent(30%) of the guaranteed minimum levels of performance commitments for <br /> either Full Time Equivalent Employees or Direct Investment as reflected in Section 2 above. <br /> Notwithstanding the foregoing, if the aforesaid decline in the number of full time equivalent <br /> employees or the Company's failure to make the required direct investments is attributable to an <br /> overall national economic decline (as such may be recognized by the United States Bureau of <br /> Labor Statistics),this shall not be deemed an abandonment of operations entitling the County to <br /> terminate this Agreement, and the Company shall not be deemed in default. In such event,the <br /> Company's and the County's obligations shall be suspended for one year and resume thereafter. <br /> If after one year the aforesaid decline continues the County may declare an Abandonment of <br /> Operations and proceed as set forth herein. <br /> C. NATURAL: In any event,the above terms notwithstanding,this Agreement shall <br /> terminate upon the 31St day of January of the year in which the final financial inducement <br /> installment is made. <br /> 12. LIMITATION OF COUNTY'S OBLIGATION <br /> NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR <br /> INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF <br /> THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT <br /> LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE <br /> CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS <br /> NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY <br /> WITHIN THE MEANING OF THE STATE CONSTITUTION. <br /> THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR <br /> CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND <br /> THOSE APPROPRIATED IN THE COUNTY'S SOLE DISCRETION FOR ANY <br /> FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. <br /> NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE <br /> OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S <br /> MONEYS,NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO <br /> ANY EXTENT PROHIBITED BY LAW,ANY ACTION OR RIGHT OF ACTION <br /> Page 8 of 19 <br />