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2. Use Tax Rebate Construction. The City shall rebate to the <br />Company 50% of the Construction Use Tax on the <br />construction materials for the Project, required under <br />Louisville Municipal Code, section 3.20.300, excluding all <br />revenues from the Open Space Tax, Historic Preservation <br />Tax, and Recreation Center Tax for the Project, for the period <br />from execution of this Agreement and ending An,-z <br />December 31, 2022. <br />4. Payment of Rebates; Cap; Inspection. The maximum amount of the <br />rebates payable pursuant to Sections 1 and 2 above shall in no event <br />exceed the calculation of 50% of the fees or taxes described in <br />Sections 1 and 2 paid to the City and a not to exceed cap of five <br />thousand dollars ($5,000). The maximum amount of the rebates <br />payable pursuant to Section 3 above shall in no event exceed the <br />calculation of 50% of the taxes described in Section 3 above; <br />provided, further that the total maximum amount of rebates payable <br />pursuant to Section 3 shall in no event exceed ninety thousand <br />dollars ($90,000). Sales Tax rebates pursuant to Section 3 shall <br />terminate when the Company has received from the City the last <br />rebate payment under this Agreement for five-year rebate period or <br />when the Company has received $90,000 in rebate payments, <br />whichever first occurs. The building permit fee and construction use <br />tax rebates in Sections 1 and 2 pertaining to each phase of the <br />Project shall be paid by the City to Company within 120 days <br />following issuance of the certificate of occupancy or final inspection <br />for the applicable portion of the Project work, as reasonably <br />determined by the City, subject to Sections 5 and 6 below. The Sales <br />Tax rebate provided for in Section 3 above shall be paid by the City <br />to Company in annual installments, on or before FebF aFy 29 March <br />31 of the following year. At the end of each month, on or before the <br />20t" of the following month, the Company shall be responsible to <br />remit to the City its total monthly Sales/Use Tax payment on the <br />appropriate Sales/Use Tax return form. All rebate payments will be <br />remitted by the City to the Company at the address set forth in <br />Section 8. <br />9. Termination. This Agreement shall terminate and become <br />void and of no force or effect upon the City if, by April 30 2022 <br />December 31, 2022, the Company has not completed the <br />Project as described in the Company's application for <br />business assistance (as evidenced by a successful final <br />inspection for the Project); or should fail to comply with any <br />City code. <br />Page 2 of 3 <br />