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Employment Security Commission form NCUI 101, a list of all positions used in <br />accounting for the New Jobs and Existing Jobs, and the use of the Grand funds. <br />Annual reporting shall be done by March 31 ' each year. If such information is <br />not provided to the COUNTY by that date, it is assumed the COMPANY is no <br />longer seeking an incentive for that fiscal year and therefore a payment will not be <br />made to the COMPANY. <br />b. Force Majeure. If unforeseen calamity, an Act of God, or financial disaster is the <br />alleged cause of the COMPANY's failure to satisfy or perform any obligation <br />under this Agreement, the COMPANY may request an extraordinary modification <br />of this Agreement from the County. The parties agree that any decision to allow <br />such modification shall be at the mutual decision of the Parties. <br />c. Records. The COMPANY shall keep and maintain books and records, and other <br />documentation relating to the receipt and disbursement of Grant funds and <br />fulfillment of this Agreement, including, but not limited to, records to verify the <br />hiring, retention, discharge and salaries and benefits paid to all employees <br />covered by this Agreement and the amount of Grant funds expended for the <br />purposes allowed under this Agreement. <br />d. Right to Inspect. Subject to any applicable federal or North Carolina laws or <br />regulations regarding employee privacy, the COMPANY agrees that any duly <br />authorized representative of the COUNTY shall have, at all reasonable times and <br />on reasonable notice, access to and the right to inspect, audit, copy and examine <br />all relevant books, records, and other documents relating to the Grant and the <br />fulfillment of this Agreement throughout the Agreement Period and for a period <br />of two years thereafter. <br />e. If the COMPANY fails to keep and maintain books and records necessary for <br />verifying fulfillment of all terms of this Agreement, or if the COMPANY fails to <br />provide access and the right of inspection of the records to a duly authorized <br />representative of the COUNTY sufficient to verify compliance with this <br />Agreement, the COUNTY may, in its discretion, declare the COMPANY to be in <br />default of this Agreement, withhold future payments due under this Agreement <br />and/or require reimbursement of all or any portion of Grant funds previously paid, <br />if the COMPANY did not rectify such default within thirty days. <br />f. Non -Appropriations Provision. The COUNTY's obligation to make <br />disbursements to the COMPANY under this Agreement is contingent upon <br />appropriations by the COUNTY and the availability of funds for the Grant. <br />g. 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 COUNTY <br />