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Board of Directors, LPDC will then remit the $10,000.00 to Recipient within a period not to exceed thirty (30) days. In the event that Recipient qualifies for the second $10,000.00 incentive installment based upon 1) proof of additional capital investment in the amount of $93,200.00 applied towards construction of the Building and related infrastructure and site work, exclusive of the cost to Recipient to purchase the existing vacant real estate tract at 116 S. Broadway Street, and 2) proof of employment of five (5) full-time equivalent positions at the Building site pursuant to Article 1, Paragraph 2, above, then in such case Recipient shall be required to prove the continuous employment at the Building site of a cumulative minimum of five (5) full-time equivalent positions, for a continuous five (5) year period. At the conclusion of each calendar year during such five (5) year period, beginning on December 31, 2022, through and including December 31, 2026, Recipient shall be required to submit to the LPDC proof of employment of a minimum of five (5) full-time equivalent positions at the Building site, in the manner required under Article 1, Paragraph 2, above. Should Recipient fail to provide proof of the employment of five (5) full-time equivalent employees at the end of a calendar year, then for that year Recipient shall be responsible for remitting to the LPDC the sum of $4,000.00, representing recapture out of the previously awarded cumulative $20,000.00 incentive paid under Paragraphs 1 and 2 of this Article. However, in the instance that Recipient provides proof of employment of a minimum of five (5) full-time equivalent positions at the end of a calendar year, Recipient shall be relieved from the obligation to remit to the LPDC $4,000.00 recapture for that year. 3) If recipient qualifies for distribution of both the $10,000 incentive payment authorized under Paragraph One (1) and the $10,000.00 incentive payment authorized under Paragraph Two (2) of this Agreement, then in that case a cash incentive payment in an amount equal to $7,308.00 will be distributed to Recipient by LPDC upon delivery to the LPDC of proof that Battleground Saloon attained gross sales of alcoholic beverages of no less than $250,000.00 for the twelve (12) month period following issuance of a certificate of occupancy for the Building site. However, in no case will the $7,308.00 payment be made by LPDC if proof of gross sales of alcoholic beverages of no less than $250,000.00 for the twelve (12) month period following issuance of a certificate of occupancy for the Building site is not delivered to and received by LPDC by no later than sixty (60) days after the conclusion of the twelve (12) month period for gross alcohol sales. Proof of gross alcohol sales, for purposes of this agreement, may be satisfied by submission to LPDC by the above indicated deadline of documentation evidencing payment of mixed beverage gross receipts tax for the applicable period. 4