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r. <br />under Article 3J in N.C. Gen. Stat. § 105- 129.83(d), the Company will be in default of this CPA <br />and the Company and /or Guarantor will reimburse DOC the total amount of the Grant previously <br />disbursed in accordance with this CPA. <br />3.2 Ceasing Project Operations If at any time during the Grant Period, or during the period set <br />forth in Section 5.0 hereof, the Company substantially ceases operations at the Facility, the <br />Company and /or shall immediate repay all Grant funds previously disbursed in accordance with <br />this CPA. <br />3.3 Failure to Achieve Wage Standard If at any time during the Grant Period, or during the period <br />set forth in Section 5.0 hereof, the average weekly wage of the group of all permanent full -time <br />jobs at the Facility fails to equal or exceed the Wage Standard, the Company will be in default <br />under this CPA, no further disbursement will be made, and the Company and /or will reimburse <br />DOC the total amount of the Grant previously disbursed in accordance with this CPA. <br />3.4 Failure to Maintain Retained Jobs If at any time during the Grant Period, or during the period <br />set forth in Section 5.0 hereof, the Company fails to retain at least 100% of the Retained Jobs, the <br />Company will be in default of this CPA and the Company and /or will reimburse DOC the total <br />amount of Grant funds previously disbursed. <br />3.5 Other Failures to Comply The Company and /or Guarantor may be required to reimburse Grant <br />funds previously disbursed for failure to comply with Paragraphs 6.3 and 6.15 hereof, or as <br />provided in Paragraphs 4.1 and 5.3. <br />3.6 Recovery of Costs If the Company and /or Guarantor fail to reimburse any amount payable <br />hereunder, on demand, the Local Government and DOC may recover the costs of collection to <br />obtain recovery, from the Company and /or Guarantor, including reasonable attorneys' fees. <br />4.0 ADJUSTMENTS TO GRANT AT CLOSEOUT <br />4.1 If Closeout occurs on the Grant End Date and the Company has failed to create and retain the <br />Required New Jobs, has failed to make the Required Investment, or has failed to invest an amount <br />equal to 100% of the Grant in Statutorily Qualifying Expenses, the amount of the Grant shall be <br />reduced to the smallest of the following amounts (the "Adjusted Grant "): <br />a. The amount obtained by multiplying the Grant by a fraction the denominator of which is <br />the Required New Jobs and the numerator of which is the number of New Jobs actually <br />created and retained as of that date, as expressed in the following formula: <br />Adjusted Grant = Original Grant Amount x New Jobs Actually Created and Retained <br />Required New Jobs <br />The amount obtained by multiplying the Grant by a fraction the denominator of which is <br />the Required Investment and the numerator of which is the investment actually made as <br />of that date, as expressed in the following formula: <br />One NC Company Performance Agreement <br />Zurn Industries, LLC <br />Lee County <br />5— <br />