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Section 1. Receipt and Disbursement of the GOF Grant. The Locality will request forthwith that VEDP pay unto it the $500,000 GOF Grant. Upon receipt, the locality shall within fifteen days pay the Grant to the Company as an inducement to the Company to achieve the Targets at the Facility. The Company will use the GOF Grant proceeds as an offset for site preparation and development costs, as permitted by Section S2.2-115(C) of the Code of Virginia. Section 2. Tan!ets: Definitions. As committed in 2004, the Company has now developed and is presently operating the Facility in the Locality, with a Capital Investment of at least $450,000,000. The Company acknowledges and reaffirms a 2004 commitment to create and maintain at least 210 New Jobs at the Facility (commencing in 2004), all within thirty months of the date the Locality receives the GOF Grant (the "Performance Date"). The average annual wage of the New Jobs will be more than the prevailing average annual wage in the Locality in 2004 of$36,085. Based upon information provided by the Company to the Locality and VEDP, the Locality acknowledges that the Company has already achieved and exceeded the Capital Investment Target of$450,000,000 and has created at least 50 New Jobs, leaving 160 additional New Jobs to be created by the Performance Date. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by the Company in real property, tangible personal property, or both, at the Facility. "Maintain" means that the New Jobs created pursuant to the GOF Grant will continue without interruption from the date of creation through the Performance Date. "New Job" means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays an average annual wage of at least $70,000. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with contractors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. Notwithstanding anything else herein to the contrary, additional workers used by the Company pursuant to a collective bargaining agreement to work at the Facility could constitute a New Job. To determine the number of New Jobs related to workers used under the terms of a collective bargaining agreement, the Company shall aggregate the total number of hours worked by such workers in a calendar year and divide that number by 1680. The Company shall then subtract from that -2-