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FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT FOR EMERGY INC. IN THE CITY OF LOUISVILLE THIS FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT FOR EMERGY INC. IN THE CITY OF LOUISVILLE ("First Amendment") is made and entered into as of the 5t" day of January , 2021, between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and EMERGY INC. (the "Company"), a Delaware corporation. WHEREAS, by Resolution No. 42, Series 2020, the City Council approved a Business Assistance Agreement for Emergy Inc. (the "Agreement") to provide certain business assistance in connection with the company's planned relocation and expansion in which Louisville, Colorado was being considered (the "Project Location"); and WHEREAS, the Company has now refined their plans to lease existing building space and to increase the space required from 40,000 square feet to 80,000 square feet at either 682 CTC Boulevard or 725 Tech Court in the Colorado Technology Center; and WHEREAS, the Company increased square footage has raised the estimated project costs which would be eligible for program rebates; and WHEREAS, the Company's planned project completion is now expected by August 31, 2022 instead of March 31, 2022; and WHEREAS, the City Council finds the execution of this First Amendment to increase the rebate caps to reflect the revised company plans and extend the completion date will serve to provide benefit and advance the public interest and welfare of the City and its citizens by securing this economic development project within the City. NOW THEREFORE, in consideration of the mutual promises set forth below, the City and Company agree as follows: Section 1. Section 1 of the Agreement is hereby revised to read as follows (words to be deleted sere; words to be added underlined): 1. Building Permit Fee Rebates. The City shall rebate to the 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, for the period from execution of this Agreement and ending ""ar^pT1T31, 2022 August 31, 2022. Page 1 of 3