Common use of Compliance Commitments Clause in Contracts

Compliance Commitments. The Company agrees and covenants that it shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed, and continuing through three years after the Completion Date, as defined in the Lease Agreement: (a) The Company did not employ any full time equivalent (“FTE”) employees within the County of Onondaga at the date of the Application for Financial Assistance (the “Baseline FTE”). The Company shall within one year after the Completion Date, as that term is defined in the Lease Agreement, create and thereafter maintain or cause to be created and thereafter maintained full time equivalent (“FTE”) employment at the Project Facility equal to three (3) FTE employees. The employment requirements set forth in this paragraph (a) are hereinafter referred to as the “Employment Commitment”. In no event shall any independent contractor as determined under the laws of the State be included in calculating the number of FTE employees employed within the County of Onondaga and/or at the Project Facility. (b) For purposes of this Project Agreement and for determining whether the Company is in compliance with the Employment Commitment, a “Full Time Equivalent Employee” shall mean (i) a full time, permanent, private sector employee on the Company’s (or a permitted sublesse’s (as permitted pursuant to Section 9.3 of the Lease Agreement)) payroll, who has worked at the Project Facility for a minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by the Company to other employees with comparable rank, duties and hours; or (ii) up to three (3) part time, permanent, private-sector employees on the Company’s (or a permitted sublesse’s (as permitted pursuant to Section 9.3 of the Lease Agreement)) payroll, who have worked at the Project Facility for a combined minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by the Company to other employees with comparable rank, duties and hours.

Compliance Commitments. The Company agrees and covenants that it shall meet and maintain the following commitments beginning in the first year in which Financial Assistance is so claimed, and continuing through three years after the Completion Date, as defined in the Lease Agreement: (a) The Company did not employ any full time equivalent (“FTE”) employed 109 employees within the County of Onondaga at the date of the Application for Financial Assistance (the “Baseline FTE”). The Company shall within one year two years after the Completion Date, as that term is defined in the Lease Agreement, create and thereafter maintain or cause to be created and thereafter maintained the current number of full time equivalent (“FTE”) employment at the Project Facility equal to three (3) FTE employeesFacility. The employment requirements set forth in this paragraph (a) are hereinafter referred to as the “Employment Commitment”. In no event shall any independent contractor as determined under the laws of the State be included in calculating the number of FTE employees employed within the County of Onondaga and/or at the Project Facility. (b) For purposes of this Project Agreement and for determining whether the Company is in compliance with the Employment Commitment, a “Full Time Equivalent Employee” shall mean (i) a full time, permanent, private sector employee on the Company’s (or a permitted sublesse’s (as permitted pursuant to Section 9.3 of the Lease Agreement)) payroll, who has worked at the Project Facility for a minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by the Company to other employees with comparable rank, duties and hours; or (ii) up to three (3) part time, permanent, private-sector employees on the Company’s (or a permitted sublesse’s (as permitted pursuant to Section 9.3 of the Lease Agreement)) payroll, who have worked at the Project Facility for a combined minimum of thirty (30) hours per week for not less than four (4) consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by the Company to other employees with comparable rank, duties and hours.