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Wage Level Commitment. COMPANY estimates that it will pay 13 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $29,542.50, and will pay 2 employees an annual wage of not less than $39,390.00. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Starting with calendar quarter 3 in 2018, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. 7. Default; Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. -7- P119