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companies with nexus with the City, therefore allowing those companies to <br />remit sales tax to the City. Absent such nexus, Company would have <br />remitted use tax to the City. No rebate shall be issued for goods <br />purchased prior to June 15; 2015. Only those tangible goods purchased <br />for Company's expansion of operations and use at the Project Location <br />shall qualify for rebate consideration. Tangible goods include, by way of <br />example, equipment, computers, furniture, fixtures, appliances, <br />electronics, and do not include, by way of example, food, office supplies or <br />other consumable, goods not expected to last for three or more years. <br />4. Payment of Rebates; Cap; Inspection. The maximum amount of the <br />rebates payable pursuant to Sections 1 and 2 above shall in no event <br />exceed the calculation of 50% of the fees or taxes described in Sections 1 <br />and 2 paid to the City. The maximum amount of the rebates payable <br />pursuant to Section 3-above shall in no event exceed the calculation of <br />50% of the taxes described in Section 3 above; provided, further that the <br />total maximum amount of rebates payable pursuant to Section 3 shall in <br />no event exceed $130,000. The building permit fee and construction use <br />tax rebates shall be paid by the City within 120 days following issuance of <br />the certificate of occupancy or final inspection for the Project work, as <br />determined by the City, subject to Sections 5 and 6 below. The use tax <br />rebate provided for in Section 3 above shall be paid by the City in annual <br />installments. At the end of each calendar year, on or before January 31, <br />the Company shall be responsible to remit to the City its total annual <br />__sales /use tax payment on the appropriate sales /use tax return form. The <br />Company shall produce a monthly listing of all tangible personal property <br />purchased_ in _the prior month which qualifies for the Use Tax and Sales <br />Tax rebate as defined in Section 3 above, and the City may audit such <br />-- Iisting.at.Corrmany's_ofces during regular business hours to examine, and <br />if required by the City to verify rebate amounts, Company shall provide <br />copies of the supporting invoices or receipts. Within 60 days after the end <br />of each calendar year, the rebate payment will be remitted to Company at <br />the mailing address of the Project Location. City payment shall be by <br />check made payable solely to Company, and the City will not make <br />payment to any other person or entity. <br />5. No Interest; Inspection and Disclosure of Records. No interest shall be <br />paid on any amounts subject to rebate under this Agreement_. Each party <br />and its agents shall have the right to inspect and audit the applicable <br />records of the other party to verify the amount of any payment under this <br />Agreement, and each party shall cooperate and take such actions as may <br />be necessary to allow such inspections and audits. The Company <br />acknowledges that implementation of this Agreement requires calculations <br />based on the amount of taxes collected and paid by the Company with <br />respect to the term of this Agreement and issuance of rebate payment <br />checks in amounts determined pursuant to this Agreement, and that the <br />amounts of the rebate payment checks will be public information. The <br />Page 2 of 6 <br />