Laserfiche WebLink
Date <br />Liquidated Damages' ..,.............. <br />gess <br />......... . ............... .... ............. . _ <br />3/24/2021 <br />........n <br />......... <br />$311,500.00 <br />9/24/2021 <br />......... <br />.. .............................................. <br />$311,500.00 <br />3/24/2022 <br />..... ....... - ._._... .............. <br />$311,500.00 <br />9/24/2022 <br />$311,50....... <br />0 00 <br />2. Claw back provisions relating to FTE creation and maintenance: <br />American commits to create and maintain, at a minimum, an Average <br />Headcount of sixty (60) FTE beginning in the First Year of Production and <br />continuing throughout the next six (6) calendar years, for a total of seven <br />(7) calendar years. For each of these seven (7) years, if American's <br />Average Headcount is less than sixty (60) FTE positions, American shall <br />pay liquidated damages to PEDC as a claw back the sum of $5,000.00 per <br />FTE position below sixty (60). By way of example, if in Year 4, American <br />maintains an Average Headcount of 50, American shall pay PEDC the <br />amount of $50,000.00 in liquidated damages. <br />3. Notwithstanding the foregoing, in no event will American be liable under <br />this paragraph 3.3.H. for a total claw back amount, in the aggregate over <br />the relevant seven year period, greater than $1,246,000.00. <br />4. In this connection, American shall provide PEDC with a copy of the <br />Certificates of Occupancy for the Facility once obtained from the City. <br />3.4 Grant of Funds <br />A. As a further incentive for American to build its new Facility in Paris, Texas, <br />PEDC shall grant $1,500,000.00 to American which shall be due and payable <br />to American fourteen (14) days after American notifies PEDC and the City in <br />writing of the Beginning of Construction. In this connection, the Parties <br />understand and agree that American must meet certain legal requirements <br />before the City can issue permits necessary for utilities, land grading, and <br />construction, and that consequently, the City cannot issue such permits until <br />after American has submitted completed applications for same and the City <br />has determined that American is qualified to receive such permits. <br />American's notification to PEDC shall be in writing, shall be sworn to, shall <br />1 Each potential payment of $311,500.00 represents twenty-five percent (25%) of the Agreed Fair Market <br />Value of the Property. <br />32300891 v10 9 <br />