Minutes - 6-2-14 Reg. Meeting - Laserfiche WebLink

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B K 00026 PG b. Force Majeure. If unforeseen calamity, an Act of God, or financial disaster is the alleged cause of the COMPANY'S failure to satisfy or perform any obligation under this Agreement, the COMPANY may request an extraordinary modification of this Agreement from the County. The parties agree that any decision to allow such modification shall be at the sole discretion of the COUNTY and the decision regarding any extraordinary modification shall be final and not subject to review or appeal. C. Records. The COMPANY shall keep and maintain books and records, and other documentation relating to the receipt and disbursement of Grant funds and fulfillment of this Agreement, including, but not limited to, records to verify the hiring, retention, discharge and salaries and benefits paid to all employees covered by this Agreement and the amounts of Grant funds expended for the purposes allowed under this Agreement. d. Right to Inspect. Subject to any applicable federal or North Carolina laws or regulations regarding employee privacy, the COMPANY agrees that any duly authorized representative of the COUNTY shall have, at all reasonable times and on reasonable notice, access to and the right to inspect, copy, audit, and examine all relevant books, records, and other documents relating to the Grant and the fulfillment of this Agreement throughout the Agreement Period and for a period of six years thereafter. e. If the COMPANY fails to keep and maintain books and records necessary for verifying fulfillment of all terms of this Agreement, or if the COMPANY fails to provide access and the right of inspection of the records to a duly authorized representative of the COUNTY sufficient to verify compliance with this Agreement, the COUNTY may, in its discretion, declare the COMPANY to be in default of this Agreement, withhold future payments due under this Agreement and/or require reimbursement of all or any portion of Grant funds previously paid. f. Prior to taking the action authorized by paragraph 7, a representative of the COUNTY will endeavor to communicate with a representative of the COMPANY to discuss the circumstances and actions being contemplated. g. Non - Appropriations Provision. The COUNTY'S obligation to make disbursements to the COMPANY under this Agreement is contingent upon appropriations by the COUNTY and the availability of funds for the Grant. h. Jurisdiction. This Agreement constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of North Carolina. The parties agree and submit, solely for matters concerning this Agreement, to the exclusive jurisdiction of the North Carolina General 6 GKN Incentive Agreement — 6.2.14