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releases and agrees to hold harmless the City and its officers and <br />employees from any and all liability, claims, demands, and expenses in <br />any manner connected with any dissemination of information necessary <br />for or generated in connection with the implementation of rebate <br />provisions of this Agreement. <br />6. Use of Funds Future Fees. Funds rebated to the Company pursuant to <br />this Agreement shall be used by the Company solely for obligations and/or <br />improvements permitted under Louisville Municipal Code section 3.24.060 <br />(as enacted by Ordinance No. 1507, Series 2007), which includes, but is <br />not limited to, expansion or creation of jobs in the City. The rebates <br />provided for under this Agreement are solely for construction activities and <br />purchases for the Project during the periods stated in Sections 1-3, above. <br />Any previous or subsequent purchases and construction activities shall be <br />subject to payment without rebate of all applicable building permit fees <br />and construction use taxes. <br />7. Effect of Change in Tax Rate. Any increase or decrease in the City <br />General Sales, Construction Use, or Consumer Use Tax rate above or <br />below the applicable tax rate on the date of execution of this Agreement <br />shall not affect the rebate payments to be made pursuant to this <br />Agreement; rather, the amount of the rebate payments will continue to be <br />based upon the General Sales, Construction Use, or Consumer Use Tax <br />rates applicable on the date of execution of this Agreement (excluding the <br />City's 0.375% Open Space Tax, 0.125% Historic Preservation Tax, and <br />0.150% Recreation Center Tax). Any decrease in the City General Sales, <br />Construction Use, or Consumer Use Tax rates shall cause the amount of <br />the rebate payments made pursuant to this Agreement to be based on the <br />applicable percentage of revenues actually received by the City from <br />application of the tax rate affected (excluding said Open Space, Historic <br />Preservation, Recreation Center or future special Sales or Use taxes). <br />8. Entire A reement; Notices. This instrument shall constitute the entire <br />agreement between the City and the Company and supersedes any prior <br />agreements between the parties and their agents or representatives, all of <br />which are merged into and revoked by this Agreement with respect to its <br />subject matter. Contact information is as follows: <br />If to Company: <br />Anhinga Co., DBA BearVault <br />Attn: Tracy Twist, President <br />300 Center Drive G-341 <br />Superior, CO 80027 <br />970-480-2327 <br />ttwist@bearvault.com <br />Page 3 of 6 <br />