AG 1999 05 17 - Laserfiche WebLink

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Program ("Grant Program") which pledges a portion of the City sales tax and a portion of the County sales tax generated by sales at the Premises to assist in funding construction of the Project. Tenant hereby confirms its legal obligation to timely file a North Carolina Department of Revenue Form E-500C (or comparable tax return) w/th the State of North Carolina and/or a similar filing with the City of Concord and/or the County of Cabarms. (b) lnfoimation from Mills. The amount of the Grants shall be paid in arrears in quarterly installments, each such installment to be determined based on the local sales tax revenues generated by the Project for the immediately preceding calendar quarter as described in the MOU (for purposes of this determination, the Project shall include sales from any land sold to anchor tenants or "outparceI" sales occurring from the Project described in Exhibit 2). At the request of either the City or the CounD', Mills will endeavor in good faith and use its commercially reasonable efforts to furnish (or cause to be furnished) either of them with such other information as may be reasonably requested to verify compliance with the terms of this Agreement. Notwithstanding anything to the contrary contained in this Section, the phrase "commercially reasonable efforts" shall not be construed to include the expenditure of money or the institution of any type of legal or enforcement actions against tenants/lessees/purchasers of the Project. In furtherance of the foregoing, upon request from the City or County, Mills shall promptly provide a certificate or other statement in a form reasonably acceptable to Mills Setting forth the gross sales at the Project for the immediately preceding calendar quarter which are to be used in calculating the amount of the Grant together with any statements of sales which any Project merchant, tenant or business is required to and in fact does provide to Mills. 10