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?4 697® <br />environmental permits are obtained, and any other required performance criteria are satisfied, and that no <br />Grant funds are disbursed until the performance criteria in the CPA have been met. <br />(d) The Local Government agrees to take whatever steps may be reasonably necessary to ensure <br />and to establish to DOC that Grant funds disbursed by the Local Government are used only for purposes <br />allowed under the statutory authority creating the Program. <br />(e) The Local Government agrees to take whatever steps may reasonably be required, after <br />consultation with the Secretary of DOC (the "Secretary') and not inconsistent with the Secretary's <br />authority under the CPA, to recapture all disbursed funds for which the Local Government and DOC have a <br />right to be reimbursed. <br />(f) The Local Government acknowledges that DOC has a right to recapture funds under the CPA <br />and that such right does not relieve the Local Government of its own responsibility to recapture funds. <br />(g) The Local Government agrees to otherwise reimburse DOC for any funds improperly disbursed, <br />provided, however, that Local Government is under no obligation to reimburse DOC for any improperly <br />disbursed funds that were disbursed with DOC's prior permission. <br />(h) The Local Government agrees to keep and maintain books, records, and other documents <br />relating to the receipt and disbursement of the Grant and the fulfillment of this LGGA. The Local <br />Government shall provide any information DOC requests in order to produce reports or compile data <br />required by the General Assembly. If the Local Government fails to keep and maintain books and records <br />necessary for verifying fulfillment of this LGGA, the Secretary may in his discretion declare this LGGA to <br />be in default, withhold payments for or under this LGGA, and /or require reimbursement of all or any <br />portion of Grant funds previously paid. Prior to taking such action, the Secretary will endeavor to <br />communicate with the Local Government and the Company to discuss the circumstances and the actions <br />being contemplated. <br />(1) The Local Government agrees to provide any duly authorized representative of DOC or the <br />State of North Carolina at all reasonable times access to and the right to inspect, copy, monitor, and <br />examine all of the books, papers, records, and other documents relating to the Grant for a period of three <br />years following the last payment of Grant funds or for the inspection period specified in the CPA, <br />whichever is longer. To the extent any information or documents gathered pursuant to this section would <br />be regarded as confidential or not subject to disclosure under federal law or the North Carolina General <br />Statutes (to include, without limitation, N.C. Gen. Stat. §§ 132 -1 et seq., commonly referred to as the <br />"Public Records Act "), the Local Government shall clearly identify and mark them as such and that <br />information will, to the extent allowed by law, be treated as confidential and not subject to disclosure by <br />DOC and its authorized representatives. If the Local Government fails to provide such access and right of <br />inspection, the Secretary may exercise discretion to declare this LGGA in default, to withhold payments <br />under this LGGA and /or require reimbursement of all or any portion of the Grant paid. <br />Q) The Local Government shall comply with all lawful requirements of DOC, all applicable <br />requirements of the General Statutes of the State of North Carolina, and any other applicable laws and /or <br />Executive Orders currently or hereafter in force. <br />(k) In the event that the Company or Guarantor fail to fulfill their responsibilities under the Company <br />Application and /or CPA, including their responsibilities to create and /or retain jobs, make investments, and <br />incur statutorily qualifying expenses, the Local Government, after consultation with the Secretary and not <br />inconsistent with the Secretary's authority under the CPA, shall promptly exercise its rights and remedies <br />to require repayment of funds, or to assess such other penalties as may be provided for in the CPA. <br />(1) In addition, in the event that the Company Guarantor fail to fulfill their responsibilities under the <br />Company Application and /or CPA, including their responsibilities to create and /or retain jobs, make <br />investments, and incur statutorily qualifying expenses, and the Local Government recaptures funds from <br />