Prior to the participant's receipt of incentives, the county and the participant shall
enter into a program agreement. The program agreement shall set forth certain rights
and duties of the parties with respect to the participant's participation in the EDI
program. Without limitation, the program agreement shall identify any incentives due
and owing to the participant, set forth an indemnification covenant in favor of the
county and provide for adjustments through the repayment of all or a portion of incentives
upon the participant's failure to comply with the requirements herein and in the program
agreement. The county may provide in the program agreement that the CCAAW, capital
incentives, and employment incentives then in effect in the EDI program when the program
agreement is approved by the board and signed by the participant shall be in effect
for the term of the program agreement regardless of any subsequent amendments or changes
to the incentives by the board. With the exception of incentives involving the conveyance
of land, the indemnification covenants in each program agreement shall provide that
should any participant who has already received said incentives achieve eighty (80)
percent of its projected employment and capital improvements over the term of the
program agreement, then reimbursement to the county may be waived upon petition to
the board. The county may include such other and further provisions as the county,
in its sole discretion, deems beneficial in light of the circumstances.
