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r <br />BRIK 23 PALM5 <br />payment will be made, and the Company will reimburse DOC the total amount of Gram funds <br />previously disbursed by DOC to the Applicant. <br />5.0 Reserved. <br />6.0 OBLIGATIONS BEYOND ELIGIBILrn CLOSEOUT <br />6.1 In order m retain Grant amounts disbursed, the Company most be in compliance with CEDA <br />requirements for 2014 and 2015 and, specifically, must create and retain not less than two hundred <br />ninety three (2y 3) New Jobs as repnrte.ri in the Compam's 2014 and 201 IDIG annual reports, <br />and the Company must otherwise be in compliance with the CEDA during the Grant Performance <br />Period. The final, complete annual reports demonstrating compliance with CEDA must be <br />submitted to the DOC within the time periods required b the CEDA. If the Company fails to <br />create the required number of jobs for the 2014 and 2015 performance years, fails to create or <br />cause to be created the additional 128 supplier positions as defined in the CEDA, or otherwise <br />defaults on performance requirements, the Company shall reimburse the DOC a pro rated amount <br />of the Grant previously disbursed. The Company shall reimburse the DOC for anv New Job <br />shortfall at a rate of Two Thousand Forty Eight Dollars (52,048.00) perjob not created and <br />retained, promptly uprin notice from the DOC of the amount that mutt he repaid. <br />?.0 ADDITIONAL PROVISIONS <br />Z I The DOC shall use the CEDA annual repors to ascertain compliance with this Agreemem, plus <br />any additional information that may be necessary hereunder, such as fixed asset reports to assess <br />Required Investment compliance. The Company's compliance with the job creation and <br />retention, investment, Statutorily Qualifying Expense, environmental permit and other <br />Performance Criteria set nut in this Agreement shall be attested to under oath by o Company <br />officer. <br />7.2 If unforeseen calamity, an Act of God, or financial disaster is the cause ofthe Company's failure <br />to satisfy or perfomt its obligations under this Agreement, the Company and the Applicant may <br />request an extraordinary modification of this Agreement from the Secretary of DOC. The parties <br />agree that any decision to allow such modification shall be at the sole discretion of the Secretary <br />of DOC and that the Secretary's decision re,gardin any extraordinary modification shall be final <br />and not subject to review or appeal. <br />:.3 The Company shall keep and maimain books. records, and other documents relating to the receipt <br />and disbursement of Grnnt funds and fulfillment of this Agrecnta.t, including, but not limited to, <br />records to verity employment, salaries, investment amounts. Statutorily Qualifying Expenses and <br />e nv ironnt cilia] permiu. <br />Subject to any applicable federal or North Carolina laws or reguhnons respecting employee <br />privacy, the Company agrees that any duly authorized representative of the Applicant or DOC <br />shall, at all reasonable times and on reasonable notice, have access to and the right to inspect <br />copy, audit, and examine all of the relevant books, records, and other documents relki ing to the. <br />Grant and the fulfillment of this Agreement throu;hout the Grant Performance Period and for a <br />period of six years thereattcr. V <br />If the Company fails to keep and maintain books and records necessary for verifying fultilbnent of <br />this Agreement, including. but not limited to, adequate records for the verification of employment, <br />salaries, investment amounts. Statumrily Qualifying Expenses and enironmental permits. or if the <br />Company fails to provide access and right of inspection SUMCient to verity compliance with this <br />_;_ <br />Cu/crpd!ur h.0 Lee ( lua/t <br />O.m V`ard. (�rnlinu l'7. rzcl agree....../ (A- ] -s th <br />