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<br />Equipment and the Inventory, with "A" being the number of full-time job equivalents maintained <br />during the calendar year, and "X" being the number of full-time job equivalents required to be <br />maintained for the calendar year, and this Agreement will remain in effect for the remainder of the <br />Abatement Period. <br />Section 5.04. If this Agreement is terminated under this Section, Genlyte will pay to the City <br />the full value of all fee waivers provided for in Section 6 below within 60 days of the termination <br />date. The City will be entitled to record a lien against the Property to secure the full value of the fees <br />so waived if this payment is not timely made. <br />Section 5.05. At the time this Agreement is fully performed by Genlyte, and upon the written <br />request of Genlyte, the City Manager will execute a certificate in recordable form stating this <br />Agreement has been performed, and Genlyte will be released of all further duties or obligations <br />under this Agreement. <br />Section 5.06. The City Council reserves the sole discretion to choose among the remedies <br />for default enumerated in Sections 5.01 through 5.04 above. These remedies may be used in <br />conjunction with one another or separately, and together with any other statutory or common law <br />remedies available to the City. Any failure by the City to enforce this Agreement with respect to one <br />or more defaults by Genlyte will not waive the City's ability to enforce the agreement after that time. <br />PART 6. ECONOMIC INCENTIVES PROVIDED BY THE CITY <br />Section 6.01. As partial consideration for the construction ofthe Facility and the creation of <br />the jobs by Genlyte described in Part 2 above, the City agrees to provide the following incentives and <br />benefits to Genlyte: <br />1. The City agrees to waive all City fees (the "Fee Waiver") associated with zoning, the <br />platting process, and building permits and inspections associated with the <br />construction of the Facility and the installation of the Equipment. The Fee Waiver <br />does not extend to water and wastewater impact fees charged by the City. <br />2. The City agrees to consider any other reasonable requests made by Genlyte in order <br />to assist it in constructing the Facility and installing the Equipment. <br />PART 7. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY <br />Section 7.01. The Tax Abatement will be assignable to each new owner of the Property, or <br />to financing entities in the event third party financing is sought, for the balance of the term of this <br /> <br />4 <br />