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Commencement Date, such share to be 10% of the contribution for each full year <br /> of the 10 years the Community Room is not available. <br /> 9. Use of Funds. Funds rebated pursuant to this Agreement shall be used <br /> by the Company solely for obligations, improvements and/or purposes permitted <br /> under Louisville Municipal Code section 3.24.060 and this Agreement. <br /> 10. Effect of Change in Tax Rate. Any increase or decrease in the City <br /> general sales rate above or below 3.0% shall not affect the rebate payments to <br /> be made pursuant to this Agreement; rather, the amount of the rebate payments <br /> will continue to be based upon the general sales tax rate of 3.0%. Any decrease <br /> in the City general sales tax rate shall cause the amount of the rebate payments <br /> made pursuant to this Agreement to be based on the applicable percentage of <br /> revenues actually received by the City from application of the reduced general <br /> sales tax rate. <br /> 11. Entire Agreement. This instrument shall constitute the entire agreement <br /> between the City and the Company and supersedes any prior agreements <br /> between the parties and their agents or representatives, all of which are merged <br /> into and revoked by this Agreement with respect to its subject matter. Contact <br /> information is as follows: <br /> If to the Company: <br /> Alfalfa's Market, Inc. <br /> Attn: Chairman and President <br /> 1645 Broadway <br /> Boulder, CO 80302 <br /> 303.449.5343 <br /> markr@alfalfas.com <br /> If to the City: <br /> Louisville City Hall <br /> Attn: Economic Development Director <br /> 749 Main Street <br /> Louisville, CO 80027 <br /> 303.335.4531 <br /> aarond @louisvilleco.gov <br /> 12. Termination. This Agreement shall terminate and become void and of no <br /> force or effect upon the City if, by December 31, 2014, the Company has not <br /> received a temporary certificate of occupancy or occupancy permit for the Project <br /> and commenced conducting retail sales to the public from the Project Location. <br /> 13. Business Termination. In the event that, within ten (10) years of the <br /> Commencement Date, the Company, and/or its successors and assigns, ceases <br /> operations at the Project Location, the Company shall pay to the City a portion of <br /> the total amount of fees, Construction Use taxes, Consumer Use taxes, and <br /> Sales Taxes which were due and payable by the Company to the City but were <br /> Page 4 of 6 <br />