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3. Use Tax Rebate — Tangible Goods. For tangible good purchases related <br />to equipment and build -out of a laboratory facility that are made by <br />Company between January 1, 2021 and December 31, 2022 and to the <br />extent that such purchases are for the Company's expansion of operations <br />and used in Louisville, the City shall rebate to Company 40% of the Use <br />Tax paid and collected on tangible goods purchased as required under <br />Louisville Municipal Code, section 3.20.300, excluding all tax revenues <br />from the Open Space Tax, Historic Preservation Tax, and Recreation <br />Center Tax. No rebate shall be issued for goods purchased prior to <br />January 1, 2021. Only those tangible goods purchased by Company for <br />Company's expansion of operations and use at the planned laboratory at <br />the Company location in the City of Louisville shall qualify for rebate <br />consideration. <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 and a not to exceed cap of three hundred and <br />eighty-five thousand dollars ($385,000). The maximum amount of the <br />rebates payable pursuant to Section 3 above shall in no event exceed the <br />calculation of 40% of the taxes described in Section 3 above; provided, <br />further that the total maximum amount of rebates payable pursuant to <br />Section 3 shall in no event exceed three hundred and sixty thousand <br />dollars ($360,000). Use Tax rebates pursuant to Section 3 shall terminate <br />when the Company has received from the City the last rebate payment <br />under this Agreement for the two-year rebate period or when the <br />Company has received $360,000 in rebate payments, whichever first <br />occurs. The building permit fee and construction use tax rebates in <br />Sections 1 and 2 pertaining to each phase of the Project shall be paid by <br />the City to Company within 120 days following issuance of the certificate <br />of occupancy or final inspection for the applicable portion of the Project <br />work, as reasonably determined by the City, subject to Sections 5 and 6 <br />below. The Use Tax rebate provided for in Section 3 above shall be paid <br />by the City to Company in annual installments, on or before February 28 <br />of the following year. At the end of each month, on or before the 20t" of <br />the following month, the Company shall be responsible to remit to the City <br />its total monthly Sales/Use Tax payment on the appropriate Sales/Use <br />Tax return form. All rebate payments will be remitted by the City to the <br />Company at the address set forth in Section 8. <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 />Page 2 of 6 <br />