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Investment by the Company of Thirty-Nine Million Nino Hundred Thousand Dollars <br /> ($39,900,000.00). This maxi'mum.amount may be reduced based on lower then anticipated <br /> investment by the Company. <br /> 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, confbim to all relevant North Carolina Statutes and/or Orange County Ordinances,Policies <br /> or Resolutions,shall be in.writing,and shall be mutually agreed upon by the Parties. <br /> 5. PROOF AND CERTIFICATION <br /> The officials of the parties to this Agreement shall furnish the necessary reports and certificates <br /> to verify that each party's respective goals are met.Acceptable forms of proof for taxable <br /> investment shall be the records of the County'Fax Administrator. Acceptable fonns of proof of <br /> payment of taxes shall be in the form of cancelled checks,and receipts of payment from the <br /> County TaxAdministrator. Acceptable fonns of proof for employment numbers shall be in the <br /> form of a notarized statement from a North Carolina licensed Certified Public Accountant and <br /> shall be verified by the North Carolina Employment Security Commission. <br /> Until that date which is one(1)year following the date of the final Incentive Get payment,the <br /> Company shall allow repi-esentatives 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.Company will not be held liable for injuries to <br /> representatives of the County while at the Facility. <br /> 6. REWDY <br /> A. INDUCETMENT 1LACKAGE: If the County does not meet and maintain the terins set forth <br /> in the inducement package,the Company has the option to the rights set forth in Section 11A of <br /> this Agreement upon thirty(30)days written notice to the County. <br /> B. DELAY OF INDUCEMENT PACKAGE INITIATfON: If the Company believes that it will <br /> not meet c-inployment and investment goals that are to be met pursuant to this Agreement by <br /> June 30,2020,the onset of this Agreement may be delayed tip to one(1)year,at the option of <br /> the Company. Written notification of the exercise of thi"s option to delay onset must be received <br /> by the County no later than June.30,2020. In that event this Agreement shall initiate no later <br /> than June 30, 2021 and shall expire no later than January 31,2026. In the event the employment <br /> and investment goals are not met due to causes beyond the control of the Company,the period in <br /> which such employment and investment goals are to be met may,upon written notice to,and <br /> agreement by the County, be tolled by the period:of such delay,up to one(1)year,caused by <br /> such causes beyond the control of the Company(for purposes of this Section 6B causes beyond <br /> the control of the Company are limited to delay in completion of public works construction such <br /> as access road, utilities,water,and sewer lines). -Notwithstanding anything else herein the <br /> Commencement Date shall not be beyond June 30, 2022. If Company cannot meet this deadline <br /> Page 6 of 20 <br />