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2013-041 Approving an Economic Incentive Agreement between the Paris Economic Development Corporation and JS Baking, LLC
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2013-041 Approving an Economic Incentive Agreement between the Paris Economic Development Corporation and JS Baking, LLC
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CITY CLERK
CITY CLERK - Date
12/16/2013
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III. EVENTS OF DEFAULT AND REMEDIES <br />A. Events of Default — Skinner shall be in default of this Agreement if it: <br />1. Fails to complete its $25,000,000.00capital investment in the Facility by the end of this <br />Agreement. <br />2. Fails to employ and maintain 393fu11 -time equivalent employees at the Facility as <br />provided for in this Agreement or any extensions thereof. <br />3. Fails to maintain and operate the Facility during the term of this Agreement or any <br />extensions thereof. <br />4. Fails to comply with all terms and conditions of this Agreement. <br />5. Fails to timely submit annual compliance reports to Parrs EDC as provided in this <br />Agreement. <br />6. Makes any false representations or warranties to Paris EDC to induce this economic <br />incentive agreement. <br />B. Remedies - Upon the occurrence of any of the above Events of Default, which shall remain <br />uncured for thirty (30) days after written notice from Paris EDC to Skinner describing the <br />default, Paris EDC shall have the right to: <br />1. Suspend and refuse to pay to Skinner any unfunded portions of the Economic Incentives <br />referenced in this Agreement. <br />2. Sue for reimbursement and/or repayment of all Economic Incentive payments paid by <br />Paris EDC to Skinner pursuant to this Agreement, plus interest, costs and attorney's fees. <br />1 Suspend as of the tax year in which the Event of Default occurs, all tax abatements <br />granted to Skinner which are still in force and effect, so that Skinner will be required to <br />pay ad valorem taxes at the market value of the improvements with respect to which <br />taxes have been abated for the year in which the Event of Default occurs and all future <br />years. <br />4. Under no circumstance, shall any default event, or remedy have legal, or consequently, <br />financial, implications to the ownership of Skinner beyond the legal responsibilities <br />designated by the corporation and LLC structure. James G. Skinner is held harmless as <br />an individual. <br />
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