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2010-191
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Last modified
2/23/2016 3:30:43 PM
Creation date
10/1/2015 2:22:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/17/2010
Control Number
2010-191
Agenda Item Number
12.A.2.
Entity Name
Eureka Growth Capital
NetBoss Technologies
Subject
Jobs Grant Agreement
Supplemental fields
SmeadsoftID
9751
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religion, disability, sex, age, national origin , ancestry, marital status, or sexual <br /> orientation . <br /> 13 . Attorneys Fees . If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement, or because of an alleged dispute, breach, default or <br /> misrepresentation in connection with any provisions of this Agreement, each party <br /> shall bear its own costs . <br /> 14 . Enforceability . If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstances, shall to any extent be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected, and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law . <br /> The Company' s failure to maintain its job creation commitment or annual wage level <br /> commitment for any one year will result in the decrease of the Grant amount it was <br /> scheduled to receive for that year; however, such decrease will not preclude the <br /> Company ' s receipt of scheduled Grant amounts for those subsequent years in which <br /> it is able to maintain its job creation and wage level commitment. <br /> 15 . Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein (the foregoing <br /> herein collectively "Transfer"), without the express prior written consent of the <br /> County . COUNTY shall not unreasonably withhold its consent to any Transfer. Any <br /> such attempted Transfer without the express prior written COUNTY consent shall be <br /> null and void and may, at the option of COUNTY, be deemed an event of default <br /> under this Agreement . COMPANY acknowledges and agrees that COUNTY has <br /> the right, in granting or withholding consent to any Transfer, to consider, among <br /> other things, the financial responsibility and business reputation of the proposed <br /> assignee or transferee (the foregoing herein collectively "Transferee") ; and any other <br /> items that Indian River County Board of County Commissioners, in its sole <br /> discretion, deems appropriate. If COMPANY seeks COUNTY' s consent for a <br /> Transfer, COMPANY shall submit to COUNTY a written request therefore, <br /> accompanied by the following documentation : (i) the name, address, and telephone <br /> number of the proposed Transferee; (ii ) a description of the business and jobs, <br /> including wages, to be created in Indian River County ; and (iii) a financial statement <br /> or other reasonably detailed financial information concerning the proposed <br /> Transferee . COMPANY acknowledges and agrees that : (a) the County <br /> Administrator or his designee, or the Indian River County Board of County <br /> Commissioners, has the right to request any additional information deemed <br /> necessary to make the decision relating to consent to the Transfer; and (b) any such <br /> request for a Transfer is expressly subject to the approval of the Transfer by the <br /> Board of County Commissioners at a formal meeting thereof, and such Transfer <br /> shall become effective only when signed by the Transferee and approved by the <br /> 47 <br />
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