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10 <br /> Attachment A <br /> STATE OF NORTH CAROLINA <br /> ORANGE COUNTY <br /> PERFORMANCE AGREEMENT BETWEEN ORANGE COUNTY, NC <br /> AND <br /> MEDLINE INDUSTRIES,INC. <br /> This Agreement made and entered into this the day of , 2019 by and between Orange County, <br /> a body politic existing under the laws of the State of North Carolina("County") and Medline Industries, <br /> Inc., an Illinois corporation authorized to do business in North Carolina, with facilities to be located in <br /> Mebane,North Carolina("Company"), for the purpose of incentivizing Company's investment in <br /> Orange County and Mebane. <br /> Company is an Illinois Corporation situated and doing business in Northfield,Illinois. Company is the <br /> largest privately held manufacturer and distributor of medical supply products in the United States. <br /> Company's Mebane Facility shall distribute medical supplies throughout the eastern United States and <br /> central North Carolina. Company represents it is duly authorized to conduct business in North Carolina. <br /> It is understood that the levels of performance required by this Agreement are to be met by this group <br /> (Company and Medline Industries, Inc.) as a whole at its facility in Orange County(Mebane). <br /> Accordingly,the term"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, the State of North Carolina and the Town of Mebane,North Carolina have offered separate <br /> inducement packages to the Company; and <br /> WHEREAS,but for the offer of an inducement package the Company would not be locating its <br /> manufacturing facility 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. "Commencement Date. The date in which the Company begins actual operations at the <br /> Subject Property, after having obtained applicable governmental approvals, certificates <br />