Resolution 2015-35 - Laserfiche WebLink

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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, electronics, and do not include, by way of example, food, office supplies or other consumable goods not expected to last for three or more years. This rebate shall be limited to use taxes on tangible goods purchased within a two (2) year time period commencing upon the date of this Agreement. 4. Payment of Rebates; Cap; Interest; Inspection. The maximum amount of the rebates payable pursuant to Sections 1, 2 and 3 above shall in no event exceed the calculation of 75% of the fees or taxes described in Sections 1, 2, and 3 paid to the City. The building permit fee and construction use tax rebates shall be paid by the City within 120 days following issuance of the certificate of occupancy for the Project, subject to Sections 5 and 6 below. The use tax rebate provided for in Section 3 above shall be paid by the City in annual installments. At the end of each calendar year, on or before January 31, the Company shall be responsible to remit to the City its total annual sales /use tax payment on the appropriate sales /use tax return form. The Company shall produce a monthly listings of all tangible personal property purchased in the prior month which qualifies for the Use Tax and Sales Tax rebate as defined in Section 3 above, and the City may audit such listing at Company's offices during regular business hours to examine, and if required by the City to verify rebate amounts, Company shall provide copies of the supporting invoices or receipts. Within 60 days after the end of each calendar year, the rebate payment will be remitted to Company at the mailing address of the Project Location. City payment shall be by check made payable solely to Company, and the City will not make payment to any other person or entity. No rebate payments will be made until Company has provided City with a copy of the registration with the Colorado Secretary of State. 5. No Interest; Inspection and Disclosure of Records. No interest shall be paid on any amounts subject to rebate under this Agreement. Each party and its agents shall have the right to inspect and audit the applicable records of the other party to verify the amount of any payment under this Agreement, and each party shall cooperate and take such actions as may be necessary to allow such inspections and audits. The Company acknowledges that implementation of this Agreement requires calculations based on the amount of taxes collected and paid by the Company with respect to the term of this Agreement and issuance of rebate payment checks in amounts determined pursuant to this Agreement, and that the amounts of the rebate payment checks will be public information. The Company, for itself, its successors, assigns, and affiliated entities, hereby releases and agrees to hold harmless the City and its officers and employees from any and all liability, claims, demands, and expenses in any manner connected with any dissemination of information necessary Page 2 of 6