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6. Use of Funds; Future Fees. Funds rebated to the Company pursuant to this <br />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, creation of new Sales Tax revenue and new basic jobs. The <br />Building Permit Fee and Construction Use Tax rebates provided for under <br />this Agreement are solely for construction activities and purchases for the <br />Project during the periods stated in Sections 1-2, above. Any previous or <br />subsequent purchases and construction activities shall be subject to <br />payment without rebate of all applicable building permit fees and <br />construction use taxes. <br />7. Effect of Change in Tax Rate. Any increase or decrease in the City General <br />Sales, Construction Use, or Sales Tax rate above or below the applicable <br />tax rate on the date of execution of this Agreement shall not affect the rebate <br />payments to be made pursuant to this Agreement; rather, the amount of the <br />rebate payments will continue to be based upon the General Sales, <br />Construction Use, or Consumer Use Tax rates applicable on the date of <br />execution of this Agreement (excluding the City's 0.375% Open Space Tax, <br />0.125% Historic Preservation Tax, and 0.150% Recreation Center Tax). <br />Any decrease in the City General Sales, Construction Use, or Consumer <br />Use Tax rates shall cause the amount of the rebate payments made <br />pursuant to this Agreement to be based on the applicable percentage of <br />revenues actually received by the City from application of the tax rate <br />affected (excluding said Open Space, Historic Preservation, Recreation <br />Center or future special Sales or Use taxes). <br />8. Entire Agreement; 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 />EarthHero LLC <br />Attn: Ryan Lewis, CEO <br />6420 Gunpark Drive, Ste. A <br />Boulder, CO 80301 <br />720-352-9800 <br />ryan@earthhero.com <br />If to City: <br />Louisville City Hall <br />Attn: Economic Vitality <br />749 Main Street <br />Louisville, CO 80027 <br />Page 3 of 6 <br />