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<br />2. The Commission, through its TROF, will provide a grant of $235,000 to the City for the <br />purpose of inducing Company to continue its operations in Martinsville, expand iL'i facility, <br />and retain the employment of a significant number of persons. <br /> <br />3. 'fhe City will disburse the entire mnount of the GOF and TROF grants (collectively, the <br />"Grants") to the Company to be used by the Company in the improvement of the site upon <br />which the Company now operates. <br /> <br />4. The Company will maintain its current operation in Martinsville and make an additional <br />capital investment of at least $8,500,000 ($ 1,900,000 in building improvements and <br />S6,600,000 in equipment), and will lIIainta;n at least 325 jobs, all over a thirty-month time <br />period measured from the date the Grants arc received by the Company. For purposes oft/.is <br />Performance AgrecmelU, "ma;"ta;Il" means Iltat the jobs will c01llinue wit/um1 <br />;nterrllptioll from the date the Grallts ar(~ received by the Compa,,)' through at least tlte <br />l!IId date of/Ire tllirl."l'-IIIontlt period. <br /> <br />5. Repayment Obligation: For purposes of repayment, both the GOF and TROF Grants are to <br />be allocated as $280.0()() for the Company's capital investment commitment and $280,000 for <br />its employment commitment. (f Company has met at least ninety percent (90%) of the <br />capital investment and employment goals set forth in paragraph 4 hereof within the thirty- <br />month period, then and thereafter Company is no longer obligated to repay any portion of <br />eitber Grant provided to it hereunder. If the Company has not met at lellst ninety percent <br />(90%) of its capital investment and job commitmt."llt set forth in paragraph 4 hereof within <br />tbe thirty-month period, the Company shall repay to the City that part of the Grants that is <br />proportional to the shortfall. For example, if at the cnd of the thirty-month period the capital <br />investment is only $4,250,000 and only 218 jobs have been retained, the Company shall <br />refund to the City fitly percent of the monies alloeatt.:o(J to capital investment ($140,000) and <br />thirty-three pt.'fccnt of the monies allocated to employment ($92,400). SlIch repayment shall <br />he dlle wid.ill thirty days of tile end date of tile tltirty-lIIonth period. Any monies repaid by <br />the Company to the City hereunder shall be repaid by the City to VeDP and the Commission <br />as appropriate. <br /> <br />6. The Company shall provide, at the Company's expense detailed verification reasonably <br />satisfactory to the Commission of the Company's progress on the capital investment and <br />employment goals contemplated herein. Such progress reports will be provided at twelve <br />months and twenty-tour months from the date the Grant is received by the Company, and at <br />such other timc(s) as Ule Commission or the City may require. <br /> <br />7. The Company acknowledges and agrees to the Repayment Obligation in accordance with the <br />tcons of this Performance Agreement. <br /> <br />8. Any notict.."S required or pennitted under this agreement shall be given in 'writing, and shall he <br />deemed to be received upon receipt or refusal after mailing of the same in the United States <br />Mail by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean <br />return of certified mnil not accepted by the addressee): <br />