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2019-754 Economic Dev - Medline industries performance agreement
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2019-754 Economic Dev - Medline industries performance agreement
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Last modified
10/24/2019 3:04:17 PM
Creation date
10/14/2019 10:12:01 AM
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Contract
Date
10/4/2019
Contract Starting Date
10/4/2019
Contract Ending Date
1/31/2026
Contract Document Type
Agreement
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6. REMEDY <br /> A. INDUCEMENT PACKAGE: 1f 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 I I.A. <br /> of this Agreement upon thirty(30)days written notice to the County. <br /> B. DELAY OF INDUCEMENT PACKAGE INITIATION: If the Company does not meet <br /> employment and investment goals that are to be met pursuant to this Agreement by December <br /> 31, 2020,the onset of this Agreement may be delayed one (1)year, at the option of the <br /> Company. Written notification of a request to delay onset must be received by the County no <br /> later than December 31, 2020. In that event this Agreement shall initiate no later than December <br /> 31,2021 and shall expire no later than January 31, 2026. <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 2.D. of this Agreement <br /> until such time as the Company once again meets both the investment and employment goals. <br /> Reduction shall be computed, exclusively by the County,based on the percentage of the goal not <br /> met. In order to qualify for the full reimbursement, including recovery of any prior reductions, <br /> both investment and employment must meet or exceed the minimum standards outlined above <br /> prior to the natural 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 /> 8. COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL <br /> ACT OF NORTH CAROLINA GENERAL STATUTES <br /> All appropriations and expenditures pursuant to this Agreement shall be subject to the provisions <br /> of the Local Government Budget and Fiscal Control Act of the North Carolina General Statutes <br /> for cities and counties and shall be listed in the annual report submitted to the Local Government <br /> Commission by the County. <br /> 9. GOVERNING LAWS &FORUM <br /> This Agreement shall be governed and construed by the Laws of the State of North Carolina. <br /> Any action brought to enforce or contest any term or provision of this Agreement shall be <br /> brought in the North Carolina General Court of Justice sitting in Orange County,North <br /> Carolina. The Parties hereto stipulate to the jurisdiction of said court. <br /> Page 6 of 12 <br />
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