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WHEREAS, the Company is relying on a grant as provided hereunder to evaluate the <br />overall cost of tenancy in choosing a location to operate its business; and <br />WHEREAS, the MCIC, in its role as the designated agency for the Village, will be the <br />administrator of any grant provided by this Agreement, including an annual review and <br />assessment of the Company's compliance with the terms of this Agreement; and <br />NOW, THEREFORE, in consideration of the mutual agreements contained herein, the <br />Parties hereby agree as follows: <br />SECTION I -TERM OF AGREEMENT <br />This Agreement shall commence on January 1, 2016 ("Effective Date") and terminate on <br />Apri12, 2021 (the "Agreement Term"). Grant payments shall be calculated based on the <br />Company's performance during the five (5) calendar years from January 1, 2016 to December <br />31, 2020 ("Term"). This Agreement shall not prevent the Company from submitting an <br />application to the Village for an additional grant after the expiration of the Term of this <br />Agreement. <br />The Village and MCIC may terminate this Agreement upon a breach of the Company's <br />responsibilities set forth in Section II. However, in the case of a failure by the Company to <br />generate the minimum income tax revenue contemplated in Section II, the Village and MCIC <br />may not pursue remedies for the Company's default under this Agreement until after the <br />Agreement Term expires or after this Agreement terminates as otherwise provided herein, except <br />as set forth in Section V.2. of this Agreement. <br />The Company may terminate this Agreement upon a breach of the Village's <br />responsibilities set forth in Section III, or upon a breach of the Company's own responsibilities <br />set forth in Section II.3. or Section II.4. Termination by a party is effective by providing the <br />other parties no less than 60 days written notice of termination. Termination of this Agreement <br />upon proper notice shall not otherwise constitute a breach of the Agreement by either party. <br />SECTION II -RESPONSIBILITIES OF THE COMPANY <br />The Company agrees that it shall be responsible for and comply with the following: <br />1. The Company shall take all necessary and proper corporate action required to <br />enter into this Agreement; <br />2. The Company shall not change its use of the property in a way that fails to <br />conform to the Village's Ordinances or other law; <br />3. The Company shall not close or otherwise cease operations in the Village; <br />Page 2 <br />