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Subsidy Act"), and the City has adopted criteria for awarding business subsidies that comply with the <br />Business Subsidy Act, after a public hearing for which notice was published in compliance with the <br />Business Subsidy Act; and <br />WHEREAS, the City Council of the City has held a duly noticed public hearing on the business <br />subsidy provided as represented by the Purchase Price Note and the Energy Rebate and this Agreement <br />constitutes a subsidy agreement under the Business Subsidy Act; <br />NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties <br />hereto, each of them does hereby covenant and agree with the other as follows: <br />2 <br />EL185\77\951254.v6 <br />Page 298 of 372 <br />