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024 <br />b. If at any time during the Grant period the COMPANY substantially ceases <br />operations at the Project, the COUNTY shall not be obligated to pay to the <br />COMPANY any further grant funds. <br />If at any time during the Grant period the COMPANY fails to retain one <br />hundred percent of the Existing Jobs as set forth in Paragraph 5(b) herein, <br />the COMPANY will be in default of this agreement and the COUNTY shall <br />not be obligated to pay to the COMPANY any further grant funds. <br />d. If at any time during the Grant period, the COMPANY fails to meet any of <br />the criteria established by this Agreement, including taxable investment, <br />new and existing jobs, wage rate, and maintenance of such jobs throughout <br />the Grant period, COMPANY shall pay to COUNTY $1 (ONE DOLLAR) <br />per pallet for 8,565 of pallets described in Paragraph 4(c) herein. <br />8. ADDITIONAL PROVISIONS <br />a. Verification and Reporting. The COMPANY shall provide to the <br />COUNTY on a quarterly basis or upon the County's request all <br />documentation deemed necessary by the COUNTY to verify retention of <br />the Existing Jobs, creation and maintenance of the New Jobs, and <br />expenditure of the Taxable Investment described in this agreement, <br />including, but not limited to, Employment Security Commission form <br />NCUI 101, a list of all positions used in accounting for the New Jobs and <br />Existing Jobs, and the use of the Grant funds. Annual reporting shall be <br />done by March 31 every year and shall be accurate, correct and complete <br />in all material respects. <br />b. Force Majeure. If unforeseen calamity, an Act of God, or financial <br />disaster is the alleged cause of the COMPANY'S failure to satisfy or <br />perform any obligation under this Agreement, the COMPANY may <br />request an extraordinary modification of this Agreement from the County. <br />The parties agree that any decision to allow such modification shall be at <br />the sole discretion of the COUNTY and the decision regarding any <br />extraordinary modification shall be final and not subject to review or <br />appeal. <br />C. Records. The COMPANY shall keep and maintain books and records, <br />and other documentation relating to the receipt and disbursement of Grant <br />funds and fulfillment of this Agreement, including, but not limited to, <br />records to verify the hiring, retention, discharge and salaries and benefits <br />paid to all employees covered by this Agreement and the amounts of Grant <br />funds expended for the purposes allowed under this Agreement. <br />d. Right to Inspect. Subject to any applicable federal or North Carolina laws <br />or regulations regarding employee privacy, the COMPANY agrees that <br />6 <br />Project Flint Incentive Agreement — 11.20.15 <br />