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Amount Per Job <br /> 150%of Indian River County Average $7,000 <br /> Annual Wage(or greater) <br /> 5. Wage Level Commitment. COMPANY estimates that it will pay 15 employees <br /> whose jobs are eligible for a Grant hereunder an annual wage of not less than <br /> $25,589.25, will pay 7 employees an annual wage of not less than $34,119.00 and <br /> will pay 2 employees an annual wage of not less than$51,178.50. The annual wage <br /> of the positions will be determined without taking into account the value of any <br /> benefits. COMPANY shall,in accordance with the provisions of paragraph 6 herein <br /> below, provide written verification of such wages satisfactory to COUNTY. <br /> COMPANY'S failure to maintain its wage level commitment for any one year will <br /> result in the reduction of the Grant amount for that year(s). <br /> 6. Annual Job Status. COMPANY must provide COUNTY with State Quarterly <br /> Unemployment Compensation Reports (Form UCT-6) of its business operations <br /> within Indian River County on State form UCT-6,as amended,a sample of which is <br /> attached hereto and made a part hereof as Exhibit "C". COMPANY must also <br /> provide COUNTY with quarterly updates to its employee census for employees <br /> working at its Vero Beach location(s) (see section 3.b. of this agreement). The <br /> cumulative Quarterly State Unemployment Compensation Reports required to be <br /> filed for the annual period, correlated with each eligibility determination and the <br /> corresponding quarterly employee census,shall collectively comprise the Annual Job <br /> Status Report. <br /> Starting with calendar quarter 4 in 2013,quarterly reports must be submitted for grant <br /> eligibility determination. Those quarterly reports must be submitted until the <br /> termination of this agreement. <br /> 7. Default; Termination. In the event that COMPANY defaults in the performance of <br /> its guarantees and commitments as provided for in this Agreement,COUNTY may, <br /> at its option,terminate this Agreement. <br /> 8. Indemnification. COMPANY shall indemnify and save harmless and defend <br /> COUNTY, its agents, servants, and employees from and against any and all claims, <br /> liabilities,losses, and/or causes of action which may arise from any negligent act or <br /> omission of COMPANY, its agents, servants, or employees in the performance of <br /> services under this Agreement. <br /> 9. Forum; Venue. This Agreement shall be governed by the laws of the State of <br /> Florida. Any and all legal action necessary to enforce the Agreement will be held in <br /> Indian River County or the Federal District Court for the Southern District of Florida. <br /> No remedy herein conferred upon any party is intended to be exclusive of any other <br /> remedy, and each and every such remedy shall be cumulative and shall be in addition <br /> -6- <br /> 194 <br />