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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 . Assigmment . 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 /> Board, which consent shall not be unreasonably withheld . The foregoing covenant <br /> shall be binding on the permitted successors or assigns of COMPANY. The <br /> prohibition on Transfers shall not prohibit a change in the form in which COMPANY <br /> conducts business . COMPANY will be released from further liability under this <br /> Agreement in the event of an approved Transfer; provided that the County ' s consent <br /> to any Transfer, will not otherwise relieve COMPANY from any pre-existing <br /> 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 /> 112 . 311 . COMPANY further represents that no person having any interest shall be <br /> employed for said performance . <br /> - 8- <br />