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ATTACHMENT B PERFORMANCE AGREEMENT This Performance Agreement made and entered this 8th day of November, 2000, by and between the CITY OF PORTSMOUTH, VIRGINIA, hereinafter called "CITY" and CFW COMMUNICATIONS COMPANY, a Virginia corporation, hereinafter called "COMPANY." WITNESSETH: That whereas CITY has received a grant of and expects to receive the stun of $400,000.00 from the Governor's Opportunity Fund through the Virginia Economic Development Partnership for the purpose of inducing Company to locate in the CITY OF PORTSMOUTH, VIRGINIA, to buy a facility, and employ a significant number of persons, and Whereas the CITY is willing to provide the funds to Company provided Company meet certain criteria relating to employment projections and capital investment, and Whereas the CITY is required to return all or a portion of the funds so received to the Commonwealth of Virginia if the performance criteria of Company are not met, Now the parties hereto, in consideration of the foregoing, and the disbursement of funds, hereafter provided, agree as follows: 1. CITY wiI1 disburse the entire amount of funds provided to it from the Governor's Opportunity Fund, expected to be the sum of $400,000.00, to Company to be used by Company for improvements to the PortCentre I Building which the Company shall buy pursuant to a Contract for the Purchase and Sale of Real Estate dated ,2000, as amended or supplemented from time to time (hereinafter called the "Contract"), and occupy and operate for a customer care center in the CITY OF PORTSMOUTH, VIRGINIA. 2. Company will buy, occupy and operate the PortCentre I Building at 415 PortCentre Parkway in the CITY OF PORTSMOUTH, VIRGINIA, with an investment of at least $9,600,000.00 for the purchase of and improvements to the building, furniture, fixtures and equipment, and will create approximately 250 jobs at said facility, alt over a 30-month time period measured from the date the funds from the Governm;s Oppommity Fund are received by Company. 3. If Company does not meet 90 percent of its capital investment and new jobs commiunent set forth in paragraph 2 above (which percentage the parties hereby agree is $8,640,000.00 in capital investment and 225 new jobs), Company shall (subject to the terms of the Contract) repay to CITY that part of the Governor's Oppommity Fund that is proportional to the shortfall. The grant of $400,000.00 is considered to be $200,000.00 for the capital investment commitment by Company and $200.000.00 for the employment commitmem. If, after 30 months the capital