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PrimeForm to vary the sequence and /or levels of hiring for Jobs from the schedule included in <br />Exhibit `B" due to changes in market conditions or assumptions. PrimeForm, therefore, may <br />hire and employ more personnel in Jobs during any year than is stated in Exhibit `B ", in which <br />event such excess number of Jobs will be credited or applied to the Job levels projected in <br />Exhibit `B" for any subsequent year. PrimeForm agrees to ensure that no discrimination will <br />occur in the Creation of Jobs on the basis of race, creed, color, national origin, sex or disability. <br />Section 3.02. Addition of Real Property Improvements. On or before September 30, <br />2011, PrimeForm shall cause the Real Property Improvements to be constructed. Completion of <br />the Real Property Improvements shall be evidenced by a certificate of occupancy issued by the <br />City of San Marcos. <br />Section 3.03. Operation of Business. PrimeForm shall begin operation of the Business <br />on the Land on or before November 30, 2011, and shall continuously operate, maintain and <br />manage the Business for the duration of the Term. <br />Section 3.04. Compliance with Laws. In performing its obligations under this Article, <br />PrimeForm shall comply with all applicable laws, regulations and ordinances. <br />ARTICLE IV <br />GRANT PAYMENTS FROM THE CITY <br />Section 4.01. Grant Payments. Subject to the requirements and limitations of this <br />Article, other terms and conditions of this Agreement and PrimeForm's compliance with this <br />Agreement, the City will make Grant Payments to PrimeForm in the manner set forth in this <br />Article. <br />Section 4.02. Five -Year Payment Period. Provided PrimeForm has timely completed <br />construction of the Real Property Improvements and created at least the number of Jobs during <br />the years 2011 and 2012 indicated in the schedule in Exhibit `B ", the City shall make a Grant <br />