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8 <br /> Attachment 1 <br /> STATE OF NORTH CAROLINA <br /> ORANGE COUNTY <br /> PERFORMANCE AGREEMENT BETWEEN ORANGE COUNTY,NORTH CAROLINA, <br /> AND CITEL AMERICA,INC. <br /> This Performance Agreement("Agreement")made and entered into this the day of 92025 <br /> (the"Effective Date")by and between Orange County, a body politic existing under the laws of the <br /> State of North Carolina("County") and CITEL America, Inc., a subsidiary of CITEL, a multinational <br /> corporation, with facilities to be located in Hillsborough, Orange County,North Carolina("Company"), <br /> for the purpose of incentivizing Company's investment in Orange County. The County and Company <br /> may be referred to as Party or Parties. <br /> Company's ultimate parent is a multinational corporation situated and doing business in Paris, France. <br /> The Company intends to establish the USA headquarters, office and electrical products manufacturing <br /> facility in Orange County. Company represents it is duly authorized to conduct business in North <br /> Carolina. It is understood that the levels of performance required by this Agreement are to be met by <br /> Company as a whole at its Facility(as hereinafter defined)in Orange County. Accordingly,the term <br /> "Company"as used in this Agreement refers to the Company and any of its Affiliates conducting <br /> business at the 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 has offered a separate inducement package to the Company; <br /> and <br /> WHEREAS, Pursuant to G.S. Section 153A-449, 158-7.1, and 158-7.2, as construed by the North <br /> Carolina Supreme Court in its opinion in Maready v. The City of Winston-Salem, et al, 342 N.C. 708 <br /> (1996), and other judicial authority,the County may enter into an agreement with the Company in <br /> connection therewith; and <br /> WHEREAS,the County finds that awarding the Company a grant based on its Total Taxable Investment <br /> will increase the taxable property base for the County and help create new jobs in the County at the <br /> agreed average annual salary, all of which will result in an added and valued benefit to the taxpayers of <br /> the County; and <br /> WHEREAS,the Company has agreed to meet and continue meeting the minimum investment and <br /> employment requirements as hereinafter set forth; and <br /> WHEREAS,but for the offer of an inducement package the Company would not be locating its <br /> manufacturing facility within Orange County. <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 />