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5. Wage Level Commitment. COMPANY estimates that it will pay 4 employees whose <br /> jobs are eligible for a Grant hereunder an annual wage of not less than $40,397.25, <br /> will pay 3 employees an annual wage of not less than $53,863.00, and will pay 0 <br /> employees an annual wage of not less than $80,794.50. The annual wage of the <br /> positions will be determined without taking into account the value of any benefits. <br /> COMPANY shall, in accordance with the provisions of paragraph 6 below, provide <br /> written verification of such wages satisfactory to the Planning and Development <br /> Services Director or his designee. <br /> 6. Annual Job Status. COMPANY must provide the Planning and Development <br /> Services Director or his designee with Quarterly Reemployment Compensation <br /> Reports (Form RT-6) of its business operations within COUNTY on State form RT- <br /> 6, as amended, a sample of which is attached hereto and made a part hereof as <br /> Exhibit "C". COMPANY must also provide the Planning and Development Services <br /> Director or his designee with quarterly updates to its employee census for <br /> employees working at its Indian River County location(s) (see section 3.b. of this <br /> Agreement). The cumulative Quarterly Reemployment Compensation Reports <br /> required to be filed for the annual period, correlated with each eligibility <br /> determination, and the corresponding quarterly employee census shall <br /> collectively comprise the Annual Job Status Report. Quarterly, COMPANY must <br /> also provide the Planning and Development Services Director or his designee a <br /> signed statement indicating the percent of its total sales/services from the Indian <br /> River County location provided outside of Indian River County for the jobs grant <br /> payment time period. <br /> Starting with calendar quarter 4 in 2026, quarterly reports must be submitted for <br /> Grant eligibility determination. Those quarterly reports must be submitted no <br /> later than 60 days after the end of each quarter, until the termination of this <br /> Agreement. Submittal deadline may be waived by the Planning and Development <br /> Services Director, for 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 <br /> in 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 /> -7- <br />