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2) A cash Incentive payment in anamount equal to $100,000.00
<br />will be distributed to Recipient by LPDC, upon delivery to the
<br />LDDC of a) an employment roster evidencing that Recipient
<br />employs a minimum of thirty-five (35) full time and fifty (50) part-
<br />time. individuals as employees at the Restaurant site as of
<br />December 31, 2017 and b) documentation evidencing that
<br />Recipient's total taxable retail sales for the period January 1,
<br />2017 -December 31, 2017 is equal to or greater than
<br />$4,000,000,00. However, in no case will the $100,000.00
<br />payment be made by LPDC if proof of the employment of a
<br />minimum of thirty-five (35) full time and fifty (50) part-time
<br />personnel as of December 31, 2017 and Recipient's total taxable
<br />retail sales for the period January 1, 2017 — December 31, 2017
<br />in an amount equal to or greater than $4,000,000.00 is not
<br />delivered to and received by LPDC by December 31, 2017.
<br />Proof of employment, for purposes of this agreement, may be
<br />required by submission to LPDC by the said December 31, 2017
<br />deadline, of a) copies of Recipient's 941 Report to the Internal
<br />Revenue Service and C3 Report to the Texas Workforce
<br />Commission for each employee (but with social security
<br />numbers of each employee redacted) and b) a notarized
<br />statement executed by Recipient's Board of Directors affirming
<br />that thirty-five (35) full time and fifty (50) part-time personnel
<br />employees are employed by Recipient for positions permanently
<br />located at the Restaurant site.
<br />Notwithstanding the foregoing requirements, Recipient will be
<br />entitled to receive a pro -rata portion of the $100,000.00 incentive
<br />payment in the event that it should fail to provide documentation
<br />evidencing that Recipient's total taxable retail sales for the
<br />period January 1, 2017 — December 31, 2017 is equal to or
<br />greater than $4,000,000.00 by the December 31, 2017 deadline,
<br />However, Recipient shall be entitled to payment of a pro rata
<br />share of the $100,000.00 incentive grant only in the instance that
<br />Recipient's total taxable retail sales for the period January 1,
<br />2017 — December 31, 2017 is equal to or greater than
<br />$3,750,000.00. Where Recipient fails to generate total taxable
<br />retail sales for the period January 1, 2017 — December 31, 2017
<br />in an amount equal to or greater than $3,750,000.00, it shall be
<br />disqualified from receiving any portion of the $100,000.00
<br />incentive payment.
<br />In the case that proof of total taxable retail sales for the period
<br />January 1, 2017 — December 31, 2017 in an amount equal to or
<br />greater than $3,750,000.00 is presented to LPDC on or before
<br />said December 31, 2017 deadline, the LPDC shall convene a
<br />meeting of the LPDC Board of Directors for a date no later than
<br />forty-five (45) days after receipt of proof of the total taxable retail
<br />sales from Recipient. Upon verification of Recipient's total
<br />taxable retail sales of at least $4,000,000.00, or minimum of
<br />$3,750,000.00 for qualification of pro rata payment, as reflected
<br />
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