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2016-031
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2016-031
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Last modified
1/7/2019 1:14:27 PM
Creation date
3/3/2016 11:54:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Work Order
Approved Date
03/01/2016
Control Number
2016-031
Agenda Item Number
12.A.1
Entity Name
Parabel USA, Inc.
Subject
Jobs Grant Agreement
Alternate Name
Lemna Protein Source
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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 /> 14. Assignment. COMPANY shall not, directly or indirectly, assignor 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 /> Community Development Director. The Community Development Director shall not <br /> unreasonably withhold its consent to any Transfer. Any such attempted Transfer <br /> without the express prior written Community Development Director consent shall be <br /> null and void and may, at the option of the County Community Development <br /> Director, be deemed a Default under this Agreement. COMPANY acknowledges <br /> and agrees that the Community Development Director has the right, in granting or <br /> withholding consent to any Transfer, to consider, among other things, the financial <br /> responsibility and business reputation of the proposed assignee or transferee (the <br /> foregoing herein collectively"Transferee"); and any other items that the Indian River <br /> County Community Development Director,in his sole discretion,deems appropriate. <br /> If COMPANY seeks the Community Development Director's consent for a Transfer, <br /> COMPANY shall submit to the Community Development Director a written request <br /> therefore, accompanied by the following documentation: (i)the name, address, and <br /> telephone number of the proposed Transferee; (ii) a description of the business and <br /> jobs, including wages, to be created in Indian River County; and (iii) a financial <br /> statement or other reasonably detailed financial information concerning the proposed <br /> Transferee. If the Community Development Director withholds the consent to <br /> Transfer, COMPANY may appeal to the County Administrator. If the County <br /> Administrator withholds the consent to Transfer, COMPANY may appeal to the <br /> Board of County Commissioners. COMPANY acknowledges and agrees that: (a)the <br /> County 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) if <br /> appealed to the Board of County Commissioners such request for a Transfer is <br /> expressly subject to the approval of the Transfer by the Board of County <br /> Commissioners at a formal meeting thereof, and such Transfer shall become <br /> effective only when signed by the Transferee and approved by the Board, which <br /> consent shall not be unreasonably withheld. <br /> The foregoing covenant shall be binding on the permitted successors or assigns of <br /> COMPANY. The prohibition on Transfers shall not prohibit a change in the form in <br /> which COMPANY conducts business. COMPANY will be released from further <br /> liability under this Agreement in the event of an approved Transfer;provided that the <br /> County's consent to any Transfer will not otherwise relieve COMPANY from any <br /> pre-existing obligation to COUNTY under this Agreement. <br /> zn <br /> 15. Conflict of Interest. COMPANY 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 /> -8- <br />
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