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and faithfully pursuing completion of the installation of the IMPROVEMENTS. For this <br />purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of <br />OWNER including, without limitation, acts of God, or the public enemy, any natural disaster, <br />war, riot, civil commotion, insurrection, governmental or de facto governmental action, unless <br />caused by acts or omissions of OWNER, fires, explosions, accidents, floods, and labor disputes <br />or strikes. The date of completion of the IMPROVEMENTS shall be reflected in the Certificate <br />of Completion issued by the CITY, referred to above. <br />IV. <br />Consideration <br />(Improvements) <br />4.1 The OWNER agrees and covenants that it will diligently and faithfully, in a good <br />and workmanlike manner, pursue the completion of the IMPROVEMENTS. As a good and <br />valuable consideration for this AGREEMENT, OWNER further covenants and agrees that all <br />construction of the IMPROVEMENTS will be in accordance with all applicable state and local <br />laws, codes and regulations or OWNER will procure a valid waiver thereof. In further <br />consideration, OWNER shall thereafter, from the date a Certificate of Completion is issued, or <br />that the IMPROVEMENTS are completed as agreed, until the expiration of this AGREEMENT, <br />continuously operate and maintain the PROPERTY, including the IMPROVEMENTS, in the <br />conduct of its normal course of business. <br />V. <br />Consideration <br />(Jobs) <br />5.1 OWNER represents that it employs full -time employees to work at the <br />PROPERTY. OWNER currently employs twenty -three (23) full -time employees, and OWNER <br />agrees to hire at least ten (10) additional full -time equivalent employees, as needed by OWNER <br />from time to time prior to December 31, 2018. Thus, the number of full -time employees of <br />OWNER will increase by ten (10) full -time equivalent employees to a total of thirty -three <br />(33) full -time equivalent employees by the end of year five (5) (i.e. 2018) of this <br />AGREEMENT. <br />5.2 OWNER agrees to retain sufficient employment levels to efficiently operate <br />and support its plant operations during the term of this AGREEMENT. <br />VI. <br />Default <br />6.1 If (a) the IMPROVEMENTS for which an abatement has been granted are not <br />completed in accordance with this AGREEMENT or the expenditure for the <br />IMPROVEMENTS does not meet the amount required herein; or (b) OWNER fails to employ <br />the number of full -time equivalent jobs at the PROPERTY by the end of the year, 2018, as <br />stated above; or (c) OWNER allows its ad valorem taxes owed the CITY to become <br />delinquent and fails to timely and properly follow the legal procedures for protest or contest of <br />any such ad valorem taxes; or (d) OWNER breaches any of the other material terms, <br />provisions or conditions of this AGREEMENT, then this AGREEMENT shall be in default. If <br />3 <br />