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<br />"Statement"). The Statement will be due and delivered to the Mayor, or his designee, at <br />City hall, no later than one (1) year and thirty (30) days from the date of and for each year <br />thereafter on the same date, for the entire ten (10) year period of the tax exemption <br />granted hereunder. Any cost incurred by Duke in preparing the Statement will be paid by <br />Duke. <br />(c) Notwithstanding anything to the contrary contained in this Section 9, the <br />City agrees that so long as Duke has complied with the pmvisions of Section 5 hereof, the <br />City will not terminate or modify the exemption &om taxation granted under this <br />Agreement for a reason related to Duke's failure to have met the job creation or payroll <br />estimates contained in the Application. <br />Section 10. If for any reason the designation of the CRA expires or the State of Ohio <br />revokes the certification of the CRA, any and all entitlement to the tax exemption as set forth in <br />ttus Agreernent shall continue to be enjoyed by Duke for the number of years and upon the terms <br />specified herein, subject to complianee by Duke with the tetms of this Agreement. In no event, <br />however, shall the City be required to grant the tax exemption or Duke be required to perform <br />any of its obligations set forth in this Agreement if the Project is not constructed. <br />Section 11. Duke aclalowledges that it is the policy of the City that this Agreement be <br />forwazded to the County Auditor and to the Ohio Department of Development within fifteen (15) <br />days after its execution. <br />Se,ction 12. Duke shall pay, and shall require all of its contractors and subcontractors <br />to pay, prevailing wages, as that term is described in ORC Section 4115.05, to all laborers, <br />workmen and mechanics involved in construction of the Project. "Construction of the Project" <br />means all canstruction at the site of the Project, including but not limited to site preparation, <br />utility construction and connection, construetion of the exterior and interior of the office <br />building, and construction of ail tenant spaces and improvements. <br />Section 13. The City and Duke shall perform all acts and deeds as may be reasonably <br />requested, necessary or appropriate in order to effect, claim, preserve and maintain the tax <br />exemption provided for in this Agreement, including without limitation, joining the execution of <br />a11 doeuments and providing any necessary certificates required in connection with such taac <br />exemption. <br />Section 14. This Agreement sha11 not be changed, amended or modified, except in <br />writing duly executed by the parties hereto. <br />Section 15. This Agreement represents the entire agreement between the parties <br />concerning the subject matter hereof and supersedes any and all previous agreements between <br />them. <br />-4- <br />a <br />