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will pay 8 employees an annual wage of not less than $69,433.50. 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 <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 3 in 2023, 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 />8. 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 />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 <br />in Indian River County or the Federal District Court for the Southern District of <br />Florida. No remedy herein conferred upon any party is intended to be exclusive of <br />any other remedy, and each and every such remedy shall be cumulative and shall <br />be in addition to every other remedy given hereunder or now or hereafter existing <br />by law or in equity or by statute or otherwise. No single or partial exercise by any <br />party of any right, power, or remedy hereunder shall preclude any other or further <br />exercise thereof. Parties hereby waive their right for a jury trial. <br />-7- <br />