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AMENDED AND RESTATED BUSINESS ASSISTANCE AGREEMENT FOR XETAWAVE LLC IN THE CITY OF LOUISVILLE THIS AGREEMENT ( "Agreement ") is made and entered into as of the 7 day of kj4 , 2014, between the CITY OF LOUISVILLE, a Colorado home rule municipaatcorporation (the "City "), and XETAWAVE LLC ( "Company "), a Colorado limited liability company registered to do business in the State of Colorado. WHEREAS, the City wishes to provide certain assistance to Company in connection with the Company's interest in relocating their operations into an existing 17,000square feet building located at 258 Taylor Avenue and make tenant improvements to the building, (the "Project "); and WHEREAS, Company's plans will bring to the City new primary jobs that complement existing Louisville businesses; and WHEREAS, City Council finds the execution of this Agreement will serve to provide benefit and advance the public interest and welfare of the City and its citizens by securing the location of this economic development project within the City. NOW THEREFORE, in consideration of the foregoing recitals and mutual promises set forth.below, the City and Company agree as follows: 1. Building Permit Fee Rebates. The City shall rebate to Company 50% of the building related permit fees for the Project, required under Louisville Municipal Code, section 15.04.050 and section 108.2 of the International Building Code as adopted by the City. This rebate shall be limited to permit fees incurred within a two (2) year period commencing upon the date of this Agreement. 2. Use Tax Rebate - Construction. The City shall rebate to Company 50% of the Construction Use Tax on the building materials for the Project, required under Louisville Municipal Code, section 3.20.300, excluding all revenues from the open space tax and historic preservation tax. This rebate shall be limited to use taxes incurred within a two (2) year period commencing upon the date of this Agreement. 3. Use Tax Rebate — Tangible Goods. City shall rebate to Company 50% of the Use Tax (and in certain circumstances as described below, Sales Tax) paid and collected on tangible goods purchased by the Company for the Company's use at the Project location, as required under Louisville Municipal Code, section 3.20.300, excluding all tax revenues from the open space tax and historic preservation tax. In certain circumstances, Sales Tax may be included in this rebate, when the purchases were from companies with nexus with the City, therefore allowing those companies to remit sales tax to the City. Absent such nexus, Company would have remitted use tax to the City. No rebate shall be issued for goods purchased prior to the date of this Agreement. Only those tangible goods purchased for use at the Project location shall qualify for rebate consideration. Tangible goods include, by way of example, computers, furniture, fixtures, appliances, 1