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A. Subject to subsection C. below, as incentive to American to increase its <br />employment levels over the minimum 60 FTE positions required by this <br />Performance Agreement, during the seven (7) year term beginning with in <br />the First Year of Production, PEDC will pay the sum of $25,000.00 to <br />American for each FTE position American adds over and above the minimum <br />60 FTE positions and maintains for a period of at least six (6) months. <br />B. To request payment under this Section 3.5, American shall make a written <br />request to PEDC accompanied by a copy of its payroll at the Paris Facility, <br />including the last four (4) numbers of each employee's social security <br />number, highlighting each employee over the minimum 60 employees who <br />have been employed by American for at least six (6) months and for whom <br />American seeks payment. American will also provide documentation <br />showing the hours worked per week during the preceding six (6) month <br />period for each such employee. After the first such request by American, <br />American may make additional written requests for payment for newly <br />added employees on a semi-annual basis by the same method, highlighting <br />new employees added since the last request and for whom American seeks <br />payment. Within 30 days of the PEDC's receipt of all the request <br />documentation outlined above, the PEDC shall confirm American's eligibility <br />for and make all incentive payments due and owing as to such request. <br />C. The total amount that American is eligible to receive under this paragraph <br />3.5 is capped at $1,000,000.00. The cash payments are intended by the <br />Parties to compensate American for adding FTE Positions and are not tied to <br />individual employees. In no event will PEDC pay American for refilling a <br />position already compensated for under this Section. <br />3.6 Rail Restoration <br />The Parties acknowledge that a functioning rail line to the Facility is critical to the <br />operation of the Facility, and they further recognize that both the Kiamichi Railroad and the <br />PEDC-owned portions of a rail lead to the Property ("Rail Lead"), which is set forth more <br />particularly on Exhibit F, requires significant reconstruction. <br />A. PEDC and American shall work cooperatively in order to complete <br />reconstruction of the Rail Lead in a timely manner. The PEDC and American <br />agree to apportion the total expenses necessary to reconstruct the Rail Lead <br />("Total Rail Lead Reconstruction Expenses") as follows: <br />32300891 00 1 <br />