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