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subsequent years on or near the anniversary date of the first Annual <br />EDI Grant Payment, provided that Company has met all of the requirements for <br />each successive year as set forth herein. <br />F. Under no circumstances shall the County make any EDI Grant Payments in an <br />amount greater than the total amount of additional County taxes due to the <br />investments listed in Table 1 paid by the Company as of the date on which EDI <br />Grants are paid. <br />G. In no case shall the County make any EDI Grant payment for any year and any <br />subsequent year during which the Company did not operate the Facility. <br />III. Reduction and Recapture of Incentives <br />A. If Company is not current on all other taxes, fees, assessments or other amounts <br />owed to the County by Company related to the Facility at the time an EDI Grant <br />is to be paid, the County may set off from any EDI Grant any amount(s) so owed <br />by Company to the County. <br />B. If for any reason Company fails to make the $105,000,000 investment set forth in <br />Section 11. A. within ten (10) years from the date of execution of this Agreement <br />( "End Date "), then the County will have no further responsibility to make any <br />EDI Grants to Company for investment made after the End Date, but agrees to <br />complete EDI Grants pursuant to this Agreement on any investment that has been <br />made as of the End Date. <br />C. The EDI Grant for any phase will be reduced by the percentage by which <br />Company's capital investment fell short of the target investment for that phase. <br />An example showing the operation of this section appears in Exhibit B attached to <br />this Agreement. <br />D. If Company ceases to operate the Facility completely at any time within ten years <br />of the effective date of this Agreement, then Company shall not be entitled to any <br />further EDI Grants otherwise due the Company under this Agreement. <br />E. The County is not required to make any EDI Grants to Company at any time after <br />any public announcement by Company of its plan to cease operations at the <br />Facility. <br />F. If the Company ceases operations completely at the Facility, substantially curtains <br />operations at the Facility for a period of more than three months or otherwise <br />ceases to use the Site for the purposes contemplated herein (or some other <br />purpose such as manufacturing or distribution), in any such case within ten years <br />after the effective date of this Agreement, for any reason other than <br />nonperformance by the County of its covenants under this Agreement, then, at the <br />County's request, the Company will refund to the County a percentage of the EDI <br />Page 4 of 15 <br />Attachment number 1 <br />G -2 Page 218 <br />