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<br />e <br /> <br />e <br /> <br />STATE OF TEXAS <br /> <br />1 <br /> <br />COUNTY OF HARRIS <br /> <br />FIRST AMENDMENT <br />TO <br />TAX ABATEMENT AGREEMENT <br />PPG INDUSTRIES REINVESTMENT ZONE <br /> <br />This First Amendment to Tax Abatement Agreement (the "Amended <br />Agreement") is made and entered into by and between the City of La <br />Porte, Texas, a municipal corporation (the "City"), and PPG <br />Industries, Inc., a Pennsylvania corporation, with a permit to do <br />business in the State of Texas, (the "Owner"), the owner of the <br />real and personal property located within the Zone. <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, the parties hark previou~~ered into a Tax <br />Abatement Agreement dated the day of ., 199JL; and <br /> <br />WHEREAS, the parties desire to amend the definition of <br />"Permanent Employee", as contained in said Agreement; <br /> <br />NOW, THEREFORE, the parties hereto, for and in consideration <br />of the premises and mutual promises stated herein, agree as <br />follows: <br /> <br />Paragraph 1, "Definitions", is hereby amended, by amending the <br />definition of a Permanent Employee, to read as follows, to-wit: <br /> <br />" "Permanent Employee" means a person who works for, <br />and is an employee of the Owner and works a minimum of <br />thirty-five (35) hours in a seven day period, and reports <br />to work in the Zone, excluding any contract employee, <br />seasonal employee, or part-time employee. <br /> <br />Contract employees will be considered as Permanent <br />Employees if the fo~lowing requirements are met: <br /> <br />1. The employee cannot be an individual contractor, but must <br />be employed by a business entity that performs work on a, <br />contract basis with the Owner/Operator of the facility; <br /> <br />2. the employee must be a full time employee (excluding <br />seasonal employees or part-time employees) of the <br />Contractor, must- work a minimum of thirty-five (35) hours <br />in a seven day period, report for work exclusively in the <br />Zone, and must be reflected in an Employers Quarterly TWC <br />Report filed by the Contractor; and <br /> <br />3. a notarized affidavit must be .provided by the Contractor, <br />(each year) attesting to its compliance with the above <br />requirements and stating the exact number of qualified <br />employees that they have provided to PPG." <br />