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forth herein and permits the Company 10 exercise an option to purchase the Equipment and terminate the Equipment Lease with respect to the Year 1 Equipment, Year 2 Equipment or Year 3 Equipment upon satisfying the conditions set forth herein. In the event of a conflict between the terms of the Equipment Lease and tl is MOU, the terms of this MOU shall be relied upon exclusively to resolve the conflict. 103 Project Schedule. The Company i construction of the Phase I Building ImI Date; provided, however, should purchas adverse testing results (soil, environme represents that it shall promptly identify delay the completion of the Phase I Build the parties hereto to replace Exhibit A w expects that in the first year following t investment of $10,000,000 to acquire the Building Improvements thereon. The Coi of occupancy for the Phase I Building It Completion Date "). Should the Company Improvements on the Real Estate by the of occupancy for the Phase I Building Company shall be deemed to have defau default under (i) or (ii) of the preceding se obligation to place any remaining orders o MOU or the Equipment Lease, (ii) the C that has not been received (and the Comp, to Section 5.01 hereto), and (iii) the Co Purchase Price previously paid by the C( defau It. 3.04 Acknowledgement and Representa the Commission is agreeing to commit purchase of the Equipment upon the repr Project, that it will make a total capital inv City by the close of business on Decembe. will retain the Existing Jobs and create an with hourly wages per new employee of Date. The Company represents that it Exhibit D. presents that it will acquire the Real Estate and begin wements on the Real Estate by the Groundbreaking of the Real Estate prove impracticable as a result of al or other relevant testing results), the Company A purchase other real estate in the Area so as not to g Improvements (and this MOU shall be amended by 1 the correct real estate description). The Company Groundbreaking Date, it will have made a capital ;a] Estate and have begun construction of the Phase I )any represents that it expects to receive a certificate >rovemems on or before July 1, 2016 (the "Phase I ) not initiate the construction of the Phase I Building oundbreaking Date and (ii) not obtain the certificate tprovements by the Phase I Completion Date, the d under the terms of this MOU. In the event of a ence, (i) the Commission shall be released from any 3quipment for the benefit of the Company under this emission shall terminate any orders for Equipment y shall be responsible for any related costs pursuant pany agrees to reimburse the Commission for the tmission for any Equipment received prior to such Ions of Company. The Company acknowledges that 9,000,000 of TTF Revenues from the Area for the sentations of the Company that it will complete the stment of at least $57,000,000 in assets located in the 31, 2025 (the "Project Completion Date ") and that it additional 524 jobs at its facilities located in the City t least $16.00 on or before the Project Completion xpects the new jobs to be created as set forth at 3.05 Reporting Obligations. On or before January 31 of each year (the "Annual Reporting Date ") commencing with the January 31 Mowing the Phase I Completion Date, the Company shall report the number of total jobs at its cilities located in the City as of the close of business on December 31 of the next preceding year 3.06 Grant of an Option to Purchase. Equipment Lease an option to purchase Commission shall provide to the Company in the Equipment or portions of the Equipment for $1.00 4 Us.54209507.06 1