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The fee shall be made payable to the City of North Olmsted once per year for each year the <br />Agreement is effective no later than March I". This fee shall be deposited in a special fund <br />created for such purpose and shall be used exclusively for the purpose of complying with <br />section 3735.671(D) of the Revised Code and by the Tax Incentive Review Council created <br />under section 3735.671(D) of the Revised Code exclusively for the purposes of performing <br />the duties prescribed under that section. <br />6. Company shall pay such real and tangible personal property taxes as are not exempted <br />under this Agreement and are charged against such property and shall file all tax reports <br />and returns as required by law. If Company fails to pay such taxes or file such returns and <br />reports, all incentives granted under this Agreement are rescinded beginning with the year <br />for which such taxes are charged or such reports or returns are required to be filed and <br />thereafter. <br />7. The City of North Olmsted shall perform such acts as are reasonably necessary or <br />appropriate to effect, claim, reserve, and maintain exemptions from taxation granted under <br />this Agreement including, without limitation, joining in the execution of all documentation <br />and providing any necessary certificates required in connection with such exemptions. <br />Company agrees that the City shall have no monetary liability for any damages caused or <br />incurred by Company for any failure of the City to perform its obligations under section <br />seven (7) or any other provisions of this Agreement. <br />8. If for any reason the Community Reinvestment Area designation expires, the Director of <br />the Ohio Department of Development revokes certification of the Community <br />Reinvestment Area, or revokes the designation of the Community Reinvestment Area, <br />entitlements granted under this Agreement shall continue for the number of years specified <br />under this Agreement, unless the Company materially fails to fulfill its obligations under <br />this Agreement and the City of North Olmsted terminates or modifies the exemptions from <br />taxation granted under this Agreement. <br />9. If Company materially fails to fulfill its obligations under this Agreement, or if the City of <br />North Olmsted determines that the certification as to delinquent taxes required by this <br />Agreement is fraudulent, the City of North Olmsted, may, in its sole, unreviewable <br />discretion terminate or modify the exemptions from taxation granted under this Agreement <br />and may require the repayment of the amount of taxes that would have been payable had <br />the property not been exempted from taxation under this Agreement. <br />10. Company hereby certifies that at the time this Agreement is executed, Company does not <br />owe any delinquent real or tangible personal property taxes to any taxing authority of the <br />State of Ohio, and does not owe delinquent taxes for which Company is liable under <br />Chapter 5733., 5735., 5739., 5741., 5743., 5747., or 5753. of the Revised Code, or, if such <br />delinquent taxes are owed, Company currently is paying the delinquent taxes pursuant to <br />an undertaking enforceable by the State of Ohio or an agent or instrumentality thereof, has <br />filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or such a petition has been <br />filed against Company. For the purposes of the certification, delinquent taxes are taxes <br />that remain unpaid on the latest day prescribed for payment without penalty under the <br />chapter of the Revised Code governing payment of those taxes. <br />