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*One average annual wage category will be utilized consistent with Exhibit "D" and the <br />County's current adopted payment calculation methodology. <br />Wage Level Commitment. COMPANY estimates that it will pay 48 employees <br />whose jobs are eligible for a Grant hereunder an annual wage of not less than <br />$32,383.50, will pay 1 employee an annual wage of not less than $43,178.00, and <br />will pay 1 employee an annual wage of not less than $64,767.00. 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 <br />below, provide written verification of such wages satisfactory to the Community <br />Development Director or his designee. <br />6. Annual Job Status. COMPANY must provide the Community Development <br />Director or his designee with Quarterly Reemployment Compensation Reports <br />(Form RT -6) of its business operations within COUNTY on State form RT -6, as <br />amended, a sample of which is attached hereto and made a part hereof as Exhibit <br />"C". COMPANY must also provide the Community Development Director or his <br />designee with quarterly updates to its employee census for employees working at <br />its Indian River County location(s) (see section 3.b. of this Agreement). The <br />cumulative Quarterly Reemployment Compensation Reports required to be filed <br />for the annual period, correlated with each eligibility determination and the <br />corresponding quarterly employee census shall collectively comprise the Annual <br />Job Status Report. Quarterly, COMPANY must also provide the Community <br />Development Director or his designee a signed statement indicating the percent of <br />its total sales/services from the Indian River County location provided outside of <br />Indian River County for the jobs grant payment time period. <br />Starting with calendar quarter 1 in 2021, quarterly reports must be submitted for <br />Grant eligibility determination. Those quarterly reports must be submitted no later <br />than 60 days after the end of each quarter, until the termination of this Agreement. <br />Submittal deadline may be waived by the Community Development Director, for <br />good cause. <br />7. Default; Termination. Except as set forth herein, in the event that COMPANY <br />defaults in the performance of its guarantees and commitments as provided for in <br />this Agreement, COUNTY may, at its option, terminate this Agreement. <br />Indemnification. COMPANY shall indemnify and hold 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 <br />or omission of COMPANY, its agents, servants, or employees in the performance <br />of services under this Agreement. <br />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 <br />in Indian River County or the Federal District Court for the Southern District of <br />-7- <br />