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<br /> <br /> 4. The Company agrees with PEDC that during the Term of this Agreement, it <br /> will not reduce the employment which has been created under these <br /> provisions below the minimum employment criteria established in paragraph <br /> B2 above, and that it will not relocate its Business outside of Paris, Texas. <br /> In addition, the Company agrees that it will provide PEDC with a copy of its <br /> Texas Workforce Commission Employer's Quarterly Report within thirty <br />-~ (30) days of the Company's filing of the same with the Texas Workforce <br /> Commission to evidence to PEDC the creation and continued existence of the <br /> new jobs hereby contemplated. In addition to the report just required during <br /> the term of the Loan, the Company agrees to provide to PEDC on or before. <br /> the fifteenth (15th) day of each month, for the previous month just passed, the <br /> certificate of an authorized executive of-fleer of the Company certifying the <br /> number of employees of the Company in Paris, Texas, the number of new <br /> employees hired for the preceding month, and the respective salaries for those <br /> employees. The first such officer's certificate shall be provided to PEDC by <br /> the Company on September 15, 2003 reporting this data for the month of <br /> August, 2003. Finally, within thirty (30) days after request from PEDC <br /> during the Term of this Agreement, the Company agrees to prepare and <br /> deliver to PEDC a financial statement for the Company duly certified to by <br /> an officer of the Company as being true and correct, showing the financial <br /> condition of the Company and employee salaries paid for the period of time <br /> specified by PEDC. If the Company prepares audited or unaudited annual <br /> financial statements, it will provide to PEDC upon request, a copy of such <br /> annual financial statements. <br /> <br /> 5. Within thirty (30) days following the date that PEDC conveys to the <br /> Company the lot within the industrial development park, the Company agrees <br />-' to commence construction of a new building on that land containing a <br /> minimum of 25,000 square feet in size. All such construction shall be <br /> performed in accordance with the applicable building and zoning laws of the <br /> City of Pads, Texas, and in conformity with Development Standards of the <br /> Industrial Park. The construction of the new building or buildings shall be <br /> completed by the end of the second anniversary date of this Agreement, <br /> subject to delays caused by Acts of God or the failure of PEDC to convey the <br /> Land to the Company. "Acts of God," as used above, shall mean the acts of <br /> a public enemy, any natural disaster, war, riot, civil insurrection or <br /> governmental or de facto governmental action which delays or prevents the <br /> Company from performing this obligation within the time limits provided <br /> herein. Acts of God shall also include fires, explosions, accidents, floods, <br /> labor disputes and strikes, but shall exclude all delays caused by the acts, <br /> omissions or negligence of the Company. If the Company fails to commence <br /> construction within the time limits required herein, or after commencement <br /> occurs, fails to prosecute the construction to completion in a diligent manner, <br /> <br /> 6 <br /> <br /> <br />