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Grants previously paid to the Company, in each case depending on the year in <br />which one of the above circumstances occurs, as determined by the following <br />table: <br />Table 2 <br />Reimbursement <br />Year Percentage <br />1 -4 <br />100 <br />5 <br />65 <br />6 <br />50 <br />7 <br />40 <br />8 <br />30 <br />9 <br />20 <br />10 <br />10 <br />G. If for any reason Company defaults in any material provision of its Community <br />Economic Development Agreement (for the 7DIG for this Project) or its Company <br />Performance Agreement (for the One North Carolina Fund for this Project), and <br />such default remains uncured for a consecutive 12 -month period, then in such <br />event, the EDI Grants which will be subject to the reimbursement schedule as <br />provided in Table 2 of Section III.F., above; provided that if Company has <br />created a total of 459 jobs in Cabarrus County (and 459 jobs exist at the time such <br />repayment would be due pursuant to this Section III.G), then Company shall not <br />be required to make any repayment. For purposes of this Section III.G., any <br />modification, extension or amendment to that Community Economic <br />Development Agreement or that Company Performance Agreement shall be <br />deemed a cure of the default. <br />H. The County's sole and exclusive remedy for Company's breach of any term of <br />this Agreement, and the Company's sole and exclusive obligation, is the <br />reduction, recapture, or cessation of EDI Grants as set forth in this Section III. <br />I. The provisions of this Section III survive the termination of this Agreement. <br />IV. Indemnification and Limitations <br />Company will indemnify and hold harmless the County and its Board of Commissioners, <br />employees and agents (the "Indemnified Parties ") for damages imposed upon them by a <br />court of final determination based on any claims of third parties arising out of any act or <br />omission of the Company in the performance required of it by this Agreement, provided, <br />however, that such indemnification (i) is subject to an aggregate cap equal to the EDI <br />Grants actually received by the Company, (ii) is not contrary to law and (iii) shall not <br />apply to third party claims arising out of or relating to a negligent act or omission of the <br />Page 5 of 15 <br />Attachment number 1 <br />G -2 Page 219 <br />