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of this Agreement and issuance of rebate payment checks in amounts <br />determined pursuant to this Agreement, and that the amounts of the rebate <br />payment checks will be public information. The Company, for itself, its <br />successors, assigns, and affiliated entities, hereby releases and agrees to <br />hold harmless the City and its officers and employees from any and all <br />liability, claims, demands, and expenses in any manner connected with any <br />dissemination of information necessary for or generated in connection with <br />the implementation of rebate provisions of this Agreement. <br />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, 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 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 Consumer Use Tax rate above or below the <br />applicable tax rate on the date of execution of this Agreement shall not <br />affect the rebate payments to be made pursuant to this Agreement; rather, <br />the amount of the rebate payments will continue to be based upon the <br />General Sales, Construction Use, or Consumer Use Tax rates applicable <br />on the date of execution of this Agreement (excluding the City's 0.375% <br />Open Space Tax, 0.125% Historic Preservation Tax, and 0.150% <br />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 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 />The COplex LLC <br />Attn: Sharon Rhatigan, President <br />PO Box 21163 <br />Boulder, CO 80308 <br />805.469.6751 <br />thecoplex@gmail.com <br />Page 3 of 6 <br />