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For purposes of this Section 12(E), the Company shall be deemed to have <br />voluntarily terminated its activities or voluntarily vacated the Site if such action is not the direct <br />result of. 1) a proceeding in bankruptcy or other court action brought against the Company by its <br />creditors; 2) an order of City, State or Federal government requiring that the Site be vacated for <br />more than 180 days; 3) the termination of the Company's lease because of the destruction of the <br />Site by fire or other casualty provided that the casualty is not due to a negligent or intentional act <br />of the Company; or, 4) the Site is taken by eminent domain. <br />13. The Company or any successor shall promptly notify the City if any of the following events <br />occur: <br />1. If control of the Company or substantially all of its assets located at the Site <br />is obtained by another entity or shareholders; or, <br />2. If the Company merges with another entity; or, <br />3. If the Company substantially restructures itself through an acquisition or <br />divestiture or otherwise and if any of those events affects the ability of the Company or its <br />successor entity to perform substantially all of the obligations under this Agreement and to meet <br />the payroll projections set forth herein. <br />14. The Company shall pay an annual fee of $200.00 in each year that the Company receives <br />a grant payment. A check shall be delivered to the City upon notification that payment is due. The <br />annual fee may be used to defray the cost of program administration. <br />15. Any notices, statements, approvals, requests, certificates required to be given on behalf of <br />either party shall be made in writing addressed as follows: <br />If to the City to: City of North Olmsted <br />5200 Dover Center <br />North Olmsted, Ohio 44070 <br />With a Copy to: Director of Law <br />City of North Olmsted <br />5200 Dover Center <br />North Olmsted, Ohio 44070 <br />With a Copy to: Planning Director <br />City of North Olmsted <br />5200 Dover Center <br />North Olmsted, Ohio 44070 <br />If to the Company to: R.E. Warner & Associates, Inc. <br />Attn: CFO <br />25050 Country Club Boulevard <br />North Olmsted, OH 44070 <br />5 <br />