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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 />