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WHEREAS, the Common Council, pursuant to the Confirming Resolution, further <br />confirmed the final determination that Data Realty Northern Indiana is an eligible business meeting <br />the requirements of the Act at the time; and <br />WHEREAS, the Common Council, pursuant to the Confirming Resolution,also approved <br />of the form of Letter Agreement with Data Realty Northern Indiana, which was attached to the <br />Declaratory Resolution; and <br />WHEREAS, the Act has since been amended such that "qualified property" now means <br />certain "enterprise information technology equipment purchased after June 30, 2012, and any <br />additions to or replacements to such property"; and <br />WHEREAS, Aunalytics, Inc. (the "Company"), is a Delaware For-Profit Corporation <br />authorized to conduct business in Indiana, with offices at 460 Stull Street, Suite 100, South Bend, <br />Indiana 46601; and <br />WHEREAS, Data Realty Northern Indiana is a wholly owned subsidiary of the Company; <br />and <br />WHEREAS, an "Eligible Business" as used herein and defined in the Act means an entity <br />that meet each of the following requirements: <br />1) The entity is engaged in a business that operates or leases qualified property <br />for use in one or more facilities or data centers dedicated to computing,networking,or data <br />storage activities; <br />2) The entity's qualified property is located at a facility or data center in Indiana; <br />3) The entity, the lessor of qualified property (if the entity is a lessee), and all <br />lessees of qualified property invest in the aggregate at least twenty-five million dollars <br />25,000,000)in real and personal property at the facility or data center after June 30,2012; <br />and <br />4) The average wage of employees who are located in the municipality and <br />engaged in the operation of the facility or data center is at least one hundred twenty-five <br />percent (125%) of the county average wage for the county in which the facility or data <br />center operates; and <br />WHEREAS, the Company has presented to this Common Council a Letter Agreement, a <br />form of which is attached hereto as Exhibit A and the terms of which are incorporated herein(the <br />Agreement"); and <br />WHEREAS, the Company has certified in the Agreement that it qualifies as an Eligible <br />Business; and <br />WHEREAS, the Company plans to purchase new enterprise information technology <br />equipment; and <br />Filed in Clerk's Office <br />APR 1 7 2024 <br />Bianca Track) <br />City Clerk, South Bund, IN