Agenda Package - 01-31-11 - Laserfiche WebLink

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613 • payment %, it be madc. and the Company will reimburse y0C the inml amnunl oh Crant funets prcviuusgv disbused bV DOC to the Applicant. 5.0 Reserved. 6.0 OBLIGATIONS BFYOND ELIGIBILITY CLOSEOUT 6 1 In order to retain Grant amounts disbursed, the Company must be in compliance with CEDA requirements for 2013 and 201; and, specificalk .n:us[ create and retain net less than t:vo hundred ninety ihrcc. (293) NC« Jobs as repnrted in the Company's 2413 and 241 i J1)1(; annual rt'.pnric, and the Company must othernvise be in compliance with the CEDA during the Grant Performance Period. the final, complete annual reports Jemenstralin compliance o ith CEDA must he submitted to the DOC within the time periods required by the CEDA. If the Company fails to create the required number of jobs for the 2014 and 2015 performance years, fails to create or cause to be created the additional 123 supplier positions as defined in the CEDA, or otherwise defaults on perfomtance requirements, the Company shall reimburse the DOC it pro rated amount of the Grant previously disbursed. The Company shall reimburse the DOC for any Nctw Job shortfall at a rate of Two Thousand Forty Eight Dollars (52,04 8.00) perjob not created imd retained, promptly upon runice from the I )0C of the :annum m:iI mull ha repaid. 1.0 ADDITIONAL PROVISIONS '.I "hhe DOC shall use the CEDA annual reports to ascertain compliance with this A 2reenlem, plus ally additional iniormation that may be necessary hereunder, such as lined asset reports to assess Required Investment compliance. 'I he Compam s comp bance with the lob cralion and retention. investment. Staluloril� Qualiljin_ Fcpense, environmental permit and other • Performance Criteria s_i out in Ii is A , rec'mem Shall he in iesned to trader .,a Ili by :I ('OT p:tnv officer "._> If unforeseen calamity, all Ain of God, or financial disaster is the cause of the Company's failure to satisfv or perfont its obligations under this Agreement, the Company and the Applicant may request an eztraordinar modification of this Agrecmcnl loom the Sccretan of DOC. The parties agree that any it to allow such modification shall be at the sole discretion of the Sccretary of DOC and that the Secretary's decision regardin any emraordinary modification shall be Ilnal and not subject to review or appeal. The Company shall keep and maintain books. records, and other documents relating to the receipt and disbursement of Grant funds and fulfillment of this Agreement, including, but not limited tit. records to veriri employment, salaries, 111 'estment amounts. Statutorily Qualifying F.epenscs and environmental permits. Subject to in% applicable federal or North Carolina laws or regulations respecting employee privacy. the Company agrees that any duly authorized representative of the Applicant or D0C shall, at all reasonable antes and on reasonable notice. have access to and the right to inspect, copy, audit, and ecamine ali of relevant books, records, and other documents relent' In the Grant and the fulfillment of this r\greentent throughout the Grant Performance Period and for a period of six years thereafter. It the Company fails to keep and ntaimain books and records necessary for vi:riryinl- futilflment of this ! \grcc nent, includinw. but nut limited to, adequate records for the vcrilicutiun of employ mein. salaries, inrcsinicnt amounts. Slatumrily Qualik in_ Gspenses and env ironmcnnol permits. or if the Compam hai is tv at access and Ii'tu of in speciioil sit 1cieor to yell IN Compliance with Ihic Cmrr - , ilL rr ter 'l.:a Core:!; On r Yu, - !k (�urn!inu hL rrd : I Cr'rrn:n:: 61' -.` -'ri l g