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025 <br />any duly authorized representative of the COUNTY shall have, at all <br />reasonable times and on reasonable notice, access to and the right to <br />inspect, copy, audit, and examine all relevant books, records, and other <br />documents relating to the Grant and the fulfillment of this Agreement <br />throughout the Agreement Period and for a period of six years thereafter. <br />e. If the COMPANY fails to keep and maintain books and records necessary <br />for verifying fulfillment of all terms of this Agreement, or if the <br />COMPANY fails to provide access and the right of inspection of the <br />records to a duly authorized representative of the COUNTY sufficient to <br />verify compliance with this Agreement, the COUNTY may, in its <br />discretion, declare the COMPANY to be in default of this Agreement, <br />withhold future payments due under this Agreement and/or require <br />reimbursement of all or any portion of Grant funds previously paid. <br />f. Prior to taking the action authorized by Paragraph 7, a representative of <br />the COUNTY will endeavor to communicate with a representative of the <br />COMPANY to discuss the circumstances and actions being contemplated. <br />g. Non -Appropriations Provision. The COUNTY'S obligation to make <br />disbursements to the COMPANY under this Agreement is contingent <br />upon appropriations by the COUNTY and the availability of funds for the <br />Grant. <br />h. Jurisdiction. This Agreement constitutes a legally enforceable contract <br />and shall be governed and construed in accordance with the laws of North <br />Carolina. The parties agree and submit, solely for matters concerning this <br />Agreement, to the exclusive jurisdiction of the North Carolina General <br />Courts of Justice and agree, solely for such purposes, that the only venue <br />for any legal proceedings shall be Lee County, North Carolina. The place <br />of this Agreement, and all transactions and agreements relating to it, and <br />their situs and forum, shall be in Lee County, North Carolina, where all <br />matters, whether sounding in contract or tort, or relating to its validity, <br />construction, interpretation, and enforcement shall be determined. <br />The COMPANY shall comply with all applicable federal, state, and local <br />laws and regulations. If the COMPANY fails to comply with any law or <br />regulation applicable to it, the County may, in its sole discretion, terminate <br />the Agreement and declare that no future Grant disbursements shall be due <br />and payable and/or require the COMPANY to reimburse the County all or <br />part of any Grant funds previously disbursed following the date of any <br />such violation. <br />j. Failure of the COUNTY at any time to require performance of any term or <br />provision of this Agreement shall in no manner affect the rights of the <br />COUNTY at a later date to enforce the same or to enforce any future <br />7 <br />Project Flint Incentive Agreement — 11.20.15 <br />