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5 <br /> Attachment A <br /> STATE OF NORTH CAROLINA <br /> ORANGE COUNTY <br /> PERFORMANCE AGREEMENT BETWEEN ORANGE COUNTY, NORTH CAROLINA, <br /> AND ABB, INCORPORATED <br /> This Performance Agreement("Agreement")made and entered into this the day of ,2019 by <br /> and between Orange County, a body politic existing under the laws of the State of North Carolina <br /> ("County") and ABB, Inc., a multinational corporation, with facilities to be located in Mebane, Orange <br /> County,North Carolina("Company"), for the purpose of incentivizing Company's investment in <br /> Orange County. <br /> Company is a multinational corporation situated and headquartered in Zurich, Switzerland, with North <br /> American headquarters in Cary,NC. Company's Facility shall expand their existing electrical <br /> components manufacturing. 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 at its Facility in Orange County. Accordingly,the term"Company" as used in this <br /> 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,the State of North Carolina and the City of Mebane,North Carolina have offered separate <br /> inducement packages to the Company; and <br /> WHEREAS, Pursuant to G.S. Section 153A-449, 158-7.1, and 158-7.2, as construed by the North <br /> Carolina Supreme Court in its opinion in Maready v. The City of Winston-Salem, et al, 342 N.C. 708 <br /> (1996), and other judicial authority,the County may enter into an agreement with the Company in <br /> connection therewith; and <br /> WHEREAS, the County finds that awarding the Company a grant based on its Total Taxable Investment <br /> will increase the taxable property base for the County and help create new jobs in the County at the <br /> agreed average annual salary, all of which will result in an added and valued benefit to the taxpayers of <br /> the County; and <br /> WHEREAS,but for the offer of an inducement package the Company would not be locating its <br /> manufacturing facility within Orange County. <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 />