Common use of Scope of Agency Clause in Contracts

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the construction, installation ai1d equipping of the Project. The right of the Company to act as agent of the Agency shall expire on July 31, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following language: "This contract is being entered into by BE NEET LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT ("Agent"), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection with a certain Project of the Agency for the benefit of the Agent consisting in part of the construction, installation and equipping of certain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d situate on two (2) parcels of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00, Xxxx xx Xxxxxxxx ("Xxxx"), Xxxxxx of Xxxxxxxx ("County"), State of New York and identified on the Town tax map as 21-1-12.1 and 6-1-43.1 ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation and equipping of the Project shall be exempt from all New York State and local sales and use taxes if the construction, installation and equipping thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1, 2017. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, Resolution to acts reasonably related to the constructionacquisition, installation ai1d construction and equipping of the ProjectFacility. The right of the Company to act as agent of the Agency shall expire on July 31April 9, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company2019, on not less than thirty (30) days prior written request unless extended as contemplated by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) monthsResolution. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency following the date of this Agreement shall include the following language: "“This contract is being entered into by BE NEET LLC and XXXX SANITATIONAddcom Electronics or its permitted assignee, INC. ("COMPANY")/SUBAGENT ("the “Agent"”), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY Onondaga County Industrial Development Agency ("the “Agency"”), in connection with a certain Project project of the Agency for the benefit of the Agent consisting in part of the construction, installation and equipping of certain machinery, equipment and building materials, all for incorporation and installation in certain premises located on and arow1d situate on two (2) parcels of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00Xxxxxxx Drive, Xxxx xx Xxxxxxxx ("Xxxx")Xxxxxxx Airpark, Xxxxxx of Xxxxxxxx ("County"), State of New York and identified on in the Town tax map as 21-1-12.1 and 6-1-43.1 of Cicero, County of Onondaga ("the “Premises"”). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation and equipping of the Project shall be exempt from all New York State and local the sales and use taxes levied by the State of New York, if the construction, installation and equipping acquisition thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1, 2017sales tax exemption letter. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner matter or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph."”

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the constructionacquisition, installation ai1d reconstruction and equipping of the Project. The right of the Company to act as agent of the Agency shall expire on July 31September 30, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following language: "This contract is being entered into by BE NEET [HUDSUT LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT HUDSUT") AND HVFG LLC ("HVFG" TOGETHER WITH HUDSUT COLLECTIVELY, THE "COMPANY")/SUBAGENT] ("Agent"), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection with a certain Project of the Agency for the benefit of the Agent consisting in part of the constructionacquisition, installation reconstruction and equipping of certain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d situate on two (2) parcels around approximately 4.87 ± acres of real estate consisting land located 00 Xxxxxxx Xxxxx xxxxx Xxxxxx Xxxx 000x in the Town of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00, Xxxx xx Xxxxxxxx Bethel ("XxxxTown"), Xxxxxx County of Xxxxxxxx ("County"), State of New York and (being more fully identified on the Town tax map as 21-Xxxxxxx 00, Xxxxx 1-12.1 and 6-1-43.1 , Lot 16.4) ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the constructionacquisition, installation reconstruction and equipping of the Project shall be exempt from all New York State and local sales and use taxes if the constructionacquisition, installation reconstruction and equipping thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February March 1, 2017. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in is this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the construction, furnishing and installation ai1d equipping of the Project. The right of the Company to act as agent of the Agency shall expire on July May 31, 20172019 and shall be extended in accordance with applicable law to accommodate the schedule for construction, furnishing and installation of the Project. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following language: "This contract is being entered into by BE NEET Xxxxxx Hospitality Group, LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT ("Agent"), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection with a certain Project of the Agency for the benefit of the Agent consisting in part of the construction, furnishing and installation and equipping of certain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d situate on two (2) parcels around a parcel of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00000 Xxxxxx Xxxxx, Xxxx xx Xxxxxxxx White Lake in the Town of Bethel ("XxxxTown"), Xxxxxx County of Xxxxxxxx ("County"), State of New York ("State") and identified on the Town tax map as 21-1-12.1 and 6-1-43.1 Section 55.E, Xxxxx 0, Xxx 00 ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, furnishing and installation and equipping of the Project shall be exempt from all New York State and local sales and use taxes if the construction, furnishing and installation and equipping thereof is effected in �n accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1November 19, 20172018. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the ResolutionApproving Resolution to acquisition, construction and subject to applicable law, to acts reasonably related to the construction, installation ai1d equipping of the ProjectProject Facility. The right of the Company to act as agent of the Agency shall expire on July 31November 30, 20172025 unless extended by a resolution adopted by the members of the Agency. The Agency shall issue subsequent periodic value of the sales and use tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency exemption benefits shall not exceed the ainounts amounts described in the Application and as set forth in Section 4.01 and Section 4.04(b) hereof unless approved by a resolution adopted by the members of the Company in this matterAgency. All contracts entered into by the Company as agent for the Agency shall include the following language: "“This contract is being entered into by BE NEET QP2 Properties, LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT ("the “Company” or the “Agent"”), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY Onondaga County Industrial Development Agency ("the “Agency"”), in connection with a certain Project project of the Agency for the benefit of the Agent consisting in part of the construction, acquisition and installation and equipping of certain machinery, equipment and building materials, all for incorporation and installation in certain premises located on and arow1d situate on two Xxxxx Xxxx Boulevard (2tax map no. 045.-01-02.1) parcels in the Town of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00Clay, Xxxx xx Xxxxxxxx ("Xxxx")Onondaga County, Xxxxxx of Xxxxxxxx ("County"), State of New York and identified on (the Town tax map as 21-1-12.1 and 6-1-43.1 ("“Premises"”). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation and equipping of the Project shall be exempt from all New York State and local the sales and use taxes levied by the State of New York if the construction, installation and equipping acquisition thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter Project Agreement dated as of November 1, 2023 by and between the Agency; Agency and the Company (the “Project Agreement”), and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1, 2017Agreement. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in is this paragraph."”

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the construction, installation ai1d and equipping of the Waterpark Project. The right of the Company to act as agent of the Agency shall expire on July 31September 30, 2017, and shall be extended in accordance with applicable law to accommodate the schedule for construction, installation and equipping of the Waterpark Project. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this ofthis Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following foJlowing language: "This contract is being entered into by BE NEET Adelaar Developer, LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT ("Agent"11Agent11), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection with a certain Waterpark Project of the Agency for the benefit of the Agent consisting in part of the construction, installation construction and equipping of certain ceriain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d around situate on two one (21) parcels of real estate consisting of approximately 15.24± 120± acres located at 0000-0000 Xxxxx Xxxxx 00east of Chalet Road, Xxxx xx Town of Xxxxxxxx ("XxxxTown"), Xxxxxx County of Xxxxxxxx ("County"), State of New York and identified on the Town tax map as 21-15.:. 1-12.1 and 6-1-43.1 14.4 ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation construction and equipping of the Waterpark Project shall be exempt from all New York Yark State and local sales and use taxes if the construction, installation construction and equipping thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the ofthe Agent and Project Agreement by and between the Company Company_ and the Agency, dated as of February April 1, 2017. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph.". 11

Scope of Agency. Pursuant to the Resolution, the Agency has appointed the Company as agent to undertake the Project. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, Resolution to acts reasonably related to the constructionacquisition and installation of certain machinery, equipment and building materials, all for incorporation and installation ai1d equipping thereof in and around the Facility. The Company has the power to delegate such agency, in whole or in part, to agents, subagents, contractors, subcontractors, contractors and subcontractors of such agents and subagents and to such other parties as the Company chooses (collectively, the "Subagent"). The Company shall be responsible for maintaining an accurate list of all parties acting as agent of the ProjectAgency. The Company's right to appoint subagents is expressly conditioned upon updating such list, along with the timely filing of New York State Department of Taxation and Finance Form ST-60 (non-primary) for each subagent, with such updated list and a copy of and proof of filing of such Form ST-60 (non-primary) being immediately filed with the Agency. The right of the Company to act as agent of the Agency shall expire on July January 31, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company2021, on not less than thirty (30) days prior written request unless extended as contemplated by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts described in the Application of the Company in this matterResolution. All contracts entered into by the Company and all subagents thereof as agent for the Agency shall include the following language set forth below. Failure by the Company and/or any subagent thereof to include such language shall disqualify the agent status and sales tax exemptions derived by virtue of this Agreement. The Company, for itself and on behalf of all duly appointed subagents, hereby agrees that all contracts entered into by the Company and any subagents thereof shall be available to the Agency for inspection and confirmation of the foregoing mandatory language: . "This contract is being entered into by BE NEET DRYDEN – XXXXXXXX SOLAR II, LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT (the "Agent"), as agent for and on behalf of the XXXXXXXX COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY (the "Agency"), in connection with a certain Project project of the Agency for the benefit of the Agent Agent, consisting in part of the construction, acquisition and installation and equipping of certain machinery, equipment and building materials, all for incorporation and installation in certain premises located on and arow1d situate on two (2) parcels at 0000 Xxxxxx Xxxx, Town of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00Xxxxxx, Xxxx xx Xxxxxxxx ("Xxxx"), Xxxxxx of Xxxxxxxx ("County"), State of County New York and identified on (the Town tax map as 21-1-12.1 and 6-1-43.1 ("Premises"). The acquisition of the machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the constructionacquisition, installation construction and equipping of the Project shall be exempt from all New York State and local sales and use taxes if the construction, installation and equipping acquisition thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Agency Project Agreement Agreement, by and between the Company Agent and the Agency, Agency dated as of February 1July 23, 20172019 (the "Agency Agreement"). This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in is this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the constructionreconstruction, renovation, rehabilitation, installation ai1d and equipping of the Project. The right of the Company to act as agent of the Agency shall expire on July August 31, 20172018, and shall be extended in accordance with applicable law to accommodate the schedule for reconstruction, renovation, rehabilitation, installation and equipping of the Project. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following language: "This contract is being entered into by BE NEET LLC and XXXX SANITATIONMiddletown Medical, INC. P.C. ("COMPANY")/SUBAGENT ("Agent"), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection with a certain Project of the Agency for the benefit of the Agent consisting in part of the constructionreconstruction, renovation, rehabilitation, installation and equipping of certain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d situate on two (2) parcels around a parcel of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 0046 Xxxxxxxx Xxxxxx, Xxxx xx Monticello in the Town of Xxxxxxxx ("XxxxTown"), Xxxxxx County of Xxxxxxxx ("County"), State of New York ("State") and identified on the Town tax map as 21-1-12.1 and 6-1-43.1 Xxxxxxx 00, Xxxxx 3, Lot 40.6 ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the constructionreconstruction, renovation, rehabilitation, installation and equipping of the Project shall be exempt from all New York State and local sales and use taxes if the constructionreconstruction, renovation, rehabilitation, installation and equipping thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the ofthe Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 112, 20172018. This contract is non-non­ recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, to acts reasonably related to the construction, installation ai1d construction and equipping of the 2014 Project. The right of the Company to act as agent of the Agency shall expire on July March 31, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company, on not less than thirty (30) days prior written request by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) months2015. The aggregate amount of work ofwork performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency shall include the following language: "This contract is being entered into by BE NEET [CENTER ONE HOLDINGS LLC and XXXX SANITATION, INC. ("COMPANY")/SUBAGENT COMPANY")/SUBAGENT] ("Agent"), as agent for and on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY ("Agency"), in connection co1mection with a certain 2014 Project of the Agency for the benefit of the Agent consisting in part of the construction, installation and equipping installation of certain machinery, equipment and building materials, all for incorporation in certain premises located on and arow1d situate on two (2) parcels around approximately 4.30 acres of real estate consisting land located in the Village of approximately 15.24± acres located at 0000-0000 Xxxxx Xxxxx 00Woodridge, Xxxx xx Town of Fallsburg, Xxxxxxxx ("Xxxx")County, Xxxxxx of Xxxxxxxx ("County"), State of New York and (being more fully identified on the Town as tax map as 21-Xxxxxxx 000, Xxxxx 1-12.1 and 6-1-43.1 , Lot 18.1) ("Premises"). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation construction and equipping of the 2014 Project shall be exempt from all New York State and local sales and use taxes if the construction, installation construction and equipping thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction letter of the Agency; and the Agent hereby represents that this contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1March 16, 20172015. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in is this paragraph."

Scope of Agency. The Company hereby agrees to limit its activities as agent for the Agency under the authority of the Resolution, and subject to applicable law, Resolution to acts reasonably related to the constructionacquisition, installation ai1d construction and equipping of the ProjectFacility. The right of the Company to act as agent of the Agency shall will expire on July 31June 29, 2017. The Agency shall issue subsequent periodic sales tax abatement letters to the Company2018, on not less than thirty (30) days prior written request and was extended until August 2, 2019 as contemplated by the Company, so long as the Company is in compliance with the terms of this Agreement. The subsequent sales tax abatement letters shall be for periods of six (6) monthsResolution. The aggregate amount of work performed as Agent for the Agency shall not exceed the ainounts amounts described in the Application of the Company in this matter. All contracts entered into by the Company as agent for the Agency following the date of this Agreement shall include the following language: "“This contract is being entered into by BE NEET LLC and XXXX SANITATIONAir Innovations, INC. Inc., ("COMPANY")/SUBAGENT ("the “Agent"”), as agent for and an on behalf of the COUNTY OF XXXXXXXX INDUSTRIAL DEVELOPMENT AGENCY Onondaga County Industrial Development Agency ("the “Agency"”), in connection with a certain Project project of the Agency for the benefit of the Agent consisting in part of the construction, acquisition and installation and equipping of certain machinery, equipment and building materials, for all for incorporation and installation in certain premises located on and arow1d situate on two (2) parcels of real estate consisting of approximately 15.24± acres located at 0000-0000 Xxxxxxxxxxx Xxxxx Xxxxx 00Xxxxxxxx, Xxx Xxxx xx Xxxxxxxx ("Xxxx"), Xxxxxx of Xxxxxxxx ("County"), State of New York and identified on the Town tax map as 21-1-12.1 and 6-1-43.1 ("“Premises"”). The machinery, equipment and building materials to be incorporated and installed in the Premises and all services and rentals of equipment related to the construction, installation and equipping of the Project shall be exempt from all New York State and local the sales and use taxes levied by the State of New York, if the construction, installation and equipping acquisition thereof is effected in accordance with the terms and conditions set forth in the attached sales tax exemption instruction exempt letter of the Agency; and the Agent hereby represents that this his contract is in compliance with the terms of the Agent and Project Agreement by and between the Company and the Agency, dated as of February 1, 2017sales tax exemption letter. This contract is non-recourse to the Agency, and the Agency shall not be directly, indirectly or contingently liable or obligated hereunder in any manner matter or to any extent whatsoever. By execution or acceptance of this contract, the vendor/contractor hereby acknowledges and agrees to the terms and conditions set forth in this paragraph."”