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2010-081
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2010-081
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Last modified
2/9/2016 4:21:41 PM
Creation date
10/1/2015 2:08:27 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/23/2010
Control Number
2010-081
Agenda Item Number
12.A.1.
Entity Name
INEOS New Planet BioEnergy LLC
Subject
Local Jobs Grant
Supplemental fields
SmeadsoftID
9627
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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 the <br /> right, in granting or withholding consent to any Transfer, to consider, among other <br /> things , the financial responsibility and business reputation of the proposed assignee <br /> or transferee (the foregoing herein collectively "Transferee") ; and any other items <br /> that Indian River County Board of County Commissioners , in its sole discretion, <br /> deems appropriate . If COMPANY seeks COUNTY ' s consent for a Transfer, <br /> COMPANY shall submit to COUNTY a written request therefore , accompanied by <br /> the following documentation : (i) the name , address , and telephone number of the <br /> proposed Transferee ; (ii) a description of the business and jobs , including wages , to <br /> be created in Indian River County ; and (iii ) a financial statement or other reasonably <br /> detailed financial information concerning the proposed Transferee . COMPANY <br /> acknowledges and agrees that : (a) the County Administrator or his designee , or the <br /> Indian River County Board of County Commissioners , has the right to request any <br /> additional information deemed necessary to make the decision relating to consent to <br /> the Transfer ; and (b) any such request for a Transfer is expressly subject to the <br /> approval of the Transfer by the Board of County Commissioners at a formal meeting <br /> thereof, and such Transfer shall become effective only when signed by the <br /> Transferee and approved by the Board , which consent shall not be unreasonably <br /> withheld . The foregoing covenant shall be binding on the permitted successors or <br /> assigns of COMPANY . The prohibition on Transfers shall not prohibit a change in <br /> the form in which COMPANY conducts business . COMPANY will be released from <br /> further liability under this Agreement in the event of an approved Transfer ; provided <br /> that the County ' s consent to any Transfer, will not otherwise relieve COMPANY <br /> from any pre-existing obligation to County under this Agreement . <br /> 16 . Conflict of Interest . COUNTY represents that it presently has no interest and shall <br /> acquire no interest, either direct or indirect, which would conflict in any manner with <br /> the performance of services required hereunder, as provided for in Florida Statutes <br /> - 7 - <br />
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