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4 . EXPANSION OPPORTUNITY <br /> Participation in this Agreement shall not exclude the Company from consideration for additional <br /> inducements from the County either during or upon completion of this Agreement . Future <br /> projects shall be considered on a case -by-case basis and induced at the discretion of the County <br /> based on new taxable investment and job creation in excess of the minimum levels outlined in <br /> Section 2 above . Any such agreement shall require a separate "Performance Agreement" which <br /> shall conform to all relevant North Carolina Statutes and Orange County Ordinances , Policies or <br /> Resolutions , shall be in writing , and shall be mutually agreed upon by the Parties . <br /> 5 . PROOF AND CERTIFICATION <br /> The officials of the Company shall furnish the necessary reports and certificates to verify that the <br /> goals set out in this Agreement are met . Once the Company maintains its investment and <br /> employment goals for one year following the conclusion of the term of this Agreement it will no <br /> longer need to furnish these reports to the County . <br /> Acceptable forms of proof for taxable investment shall be the records of the County Tax <br /> Administrator . Acceptable forms of proof of payment of taxes shall be in the form of cancelled <br /> checks and receipts of payment from the County Tax Administrator or Finance Officer . <br /> Acceptable forms of proof for employment numbers shall be in the form of a notarized statement <br /> from a North Carolina licensed Certified Public Accountant and shall be verified by the North <br /> Carolina Employment Security Commission . <br /> Until that date which is one ( 1 ) year following the date of the final Incentive Grant payment, the <br /> Company shall allow representatives of the County to enter the Facility during normal business <br /> hours upon forty - eight (48) hours prior notice for the purpose of confirming that the claimed <br /> investment and employment goals have been met and maintained . <br /> 6 . REMEDY <br /> A . INDUCEMENT PACKAGE : If the County does not meet and maintain the terms set forth in <br /> the inducement package , the Company has the option to the rights set forth in Section I I . A . of <br /> this Agreement upon thirty (30) days written notice to the County . <br /> B . DELAY OF INDUCEMENT PACKAGE INITIATION : If the Company believes that it will <br /> not meet employment and investment goals that are to be met pursuant to this Agreement by <br /> December 31 , 2026 , the onset of the Inducement Grant Period may be delayed up to one ( 1 ) <br /> additional year, at the option of the Company . Written notification of the exercise of this option <br /> to delay onset must be received by the County no later than December 31 , 2026 . In that event <br /> this Agreement shall initiate no later than December 31 , 2027 and shall expire no later than <br /> January 31 , 2032 . Notwithstanding anything else herein the Commencement Date shall not <br /> be beyond December 31 , 2027 . If Company cannot meet these requirements this Agreement <br /> shall terminate automatically without fault or further obligation to County . Company shall <br /> remain free to negotiate a new incentive agreement with County based on new terms and <br /> timelines . <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 /> 4863 -5202 -3475 .v5 <br />