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by or relating to this Agrwment, including without limitation,the possession, condition,
<br /> construction or use ther�of,insofar as such matters relate,to events subject to fee control of
<br /> the Company and not the County. The indemnification arising shol',
<br /> svxvive the Agreement's termination'.
<br /> IL TEW0,11NAXION
<br /> A. Q01T Upon Company's meeting its Employment and Investment obligations asset
<br /> out in Section 2 above and upon Company's cerhfication to such and uert:fi,:ation of the
<br /> payment of all real and personal proporty taxes, asset out in Section 5 above,then upon the
<br /> occurrence of any of the ibllowirg events,the Company shall have,41.�option of terminating
<br /> this Agreemeot', Failure of the County,to provi=de the initial inducement installment as
<br /> provided in Section 3 of this Agreement, or, under the sarre Iircumstanccs;failure of the
<br /> County to make ftiture inducement installments, as provi&d for in.Se6tion 3 of this
<br /> Agreement. Should the Company y.xrmcise its option to umit,i�atc this Agreement,pursuant to
<br /> tWs Section for f�flvre by the County,did,Company%hall be entitled to retaLn Ah'Am&paid to or
<br /> for the benefit of fqe Company pursuant to dds Agreement. On the other band,should the
<br /> Company tarniirceix tlAs Agreement for emy reason other[loran the default by the County to
<br /> provide for any inducement insWhnent to the Company,-ffiv,Company shall repay to the, -
<br /> County all funds paid to or for the benefit of the Company pursuant to this Agt°Fnenxont.
<br /> Thereafter,the County sball have no flusher obligation to make inducement hasWitnents
<br /> annwd1yorothe_,r,v1sr.-. Any%ucb termination of this Agreement by the Conapay shall be ffi
<br /> writing and shall r2tt notice requ-4,ements as set out herein.
<br /> 13. COUNTY: The County shall have the option of terminating this Agreemam_upon any
<br /> Abandowncnt of Operations by the Company, without penalty or further ob0gation to tb5
<br /> County,whieb option shall be executed by giving written notice to the Company.
<br /> Abandonment of Opvrations shall be defined as,a period in exem of eight(8)weeks during
<br /> which the Company's level of Fuji Time Fqi,.melalent Employees or Direct Investment goes
<br /> below thirty percent(.30%)of the gimrartwd-mumbnurn levels of performance commitwcains far
<br /> ,Z,t1)er Full Time Equivalent Employees or D.11rctInvest ment as r.,efle'--ted in Section 2 above.
<br /> Notwillsinn.diug the foregoing,if the aforesaid decline in the n=,ber of full time equivalent
<br /> mriployms or the.Company's failure to make tho required direct inve-Aments is attributable to an
<br /> c ve-tail national economic decline(as such may be recognized by the United States Bureau of
<br /> Labcr Stagy stics),this shall not be.&emod an aNwdonn-,tnt of operatiow entitling the(ounty to
<br /> to ninate,thisAgreement,and 1ha Company sEall not b�deemed in defy-j,111,hi such event,the
<br /> Copaf)zmy's and the County's obligations shall-be,,s-jsper,&d for one year w0 resume thereafter.
<br /> If after ane year the aforesaid decline confiiraes flie County may declare an Aband(nment of
<br /> Operaiioas and proceed as set foith hereim
<br /> Q, NATUJUL: in any event,the above tetm-s notwithstanding,this Agreement shall
<br /> tern umate upon the 31"day of January of the year in whieb the final flumicial inducement
<br /> installment is made.
<br /> 12. I_XVHfXf10,N OF COUXTY'S OBLIGA110N
<br /> NO PROVISION OF THIS AGREETNIENT SHALL BE, CONSTRUED OR
<br /> INTERPRETED A.S CRFATING,A PLFDGE OF THE FAIIR AND CREDfr OF
<br /> IWE COUNTY WITHJN THE MEANING OF ANY CONSTITUTIONAL DEBT
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