01/28/2019 BOARD OF SELECTMEN Agenda Packet

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Massachusetts at the time this Agreement is executed, such terms shall have been made publicly available five (5) days before signing this Agreement. If any superior terms were offered to another Municipality that are superior to what the Company agrees to provide the Town pursuant to this Agreement, then the parties shall reopen this Agreement and negotiate an amendment resulting in benefits to the Town equivalent or superior to those provided to the other municipality. 8. Local Taxes. At all times during the Term of this Agreement,property,both real and personal, owned or operated by the Company shall be treated as taxable, and all applicable real estate and personal property taxes for that property shall be paid either directly by the Company or by its landlord, and neither the Company nor its landlord shall object or otherwise challenge the taxability of such property and'shall not seek a non-profit exemption from paying such taxes. Notwithstanding the foregoing, (i) if real or personal property owned, leased or operated by the Company is determined to be non-taxable or partially non- taxable, or (ii) if the value of such property is abated with the effect of reducing or eliminating the tax which would otherwise be paid if assessed at fair cash value as defined in G.L. c. 59, §38, or (iii) if the Company is determined to be entitled or subject to exemption with the effect of reducing or eliminating the tax which would otherwise be due if not so exempted,then the Company shall pay to the Town an amount which when added to the taxes, if any, paid on such property, shall be equal to the taxes which would have been payable on such property at fair cash value and at the otherwise applicable tax rate, if there had been no abatement or exemption; this payment shall be in addition to the payment made by the Company under Section 2 of this Agreement. Noting in this Section 8 shall in any way limit or prevent the Company from challenging the valuation of its property before the Board of Assessors or the Appellate Tax Board. 4. Communi Support and Additional Obliiations. a. Local Vendors. To the extent such practice and its implementation are consistent with federal, state, and municipal laws and regulations,the Company will make every effort in a legal and non-discriminatory manner to give priority to local businesses, suppliers, contractors, builders and vendors in the provision of goods and services called for in the construction, maintenance and continued operation of the Establishment. b. Employment. Except for senior management, and to the extent such practice and its implementation are consistent with federal, state, and municipal laws and. regulations, the Company shall use good faith efforts to hire Town residents. c. Approval of Administrator. .If requested by the Town, the Company shall provide to the Town, for review and approval, the name and relevant information, including but not limited to the information set forth in 105 CMR 725.030, or such other state regulations, as the case may be, of the person 5