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<br />6.2 if unforeseen calamity, an Act of God, or financial disaster is the cause of the Company's failure
<br />to satisfy or perform its obligations under this CPA, the Company and the Local Government may
<br />request an extraordinary modification of this CPA from the Secretary of DOC (the "Secretary ").
<br />The Parties agree that any decision to allow such modification shall be at the sole discretion of the
<br />Secretary and that the Secretary's decision regarding any extraordinary modification shall be final
<br />and not subject to review or appeal.
<br />6.3 The Company and Guarantor shall keep and maintain books, records, and other documents
<br />relating to the receipt and disbursement of the Grant and fulfillment of this CPA, including, but
<br />not limited to, records to verify employment, salaries, health insurance, investment amounts,
<br />Statutorily Qualifying Expenses and environmental permits.
<br />Subject to any applicable federal or North Carolina laws or regulations respecting employee
<br />privacy, the Company and Guarantor each agree that any duly authorized representative of the
<br />Local Government or the State of North Carolina, including the DOC, the Office of the North
<br />Carolina State Auditor, and the Office of State Budget and Management, shall, at all reasonable
<br />times and on reasonable notice, have access to and the right to inspect, copy, audit, and examine
<br />all of the relevant books, records, and other documents relating to the Grant and the fulfillment of
<br />this CPA throughout the Grant Period and for a period of six years thereafter.
<br />If the Company or Guarantor fail to keep and maintain books and records necessary for verifying
<br />fulfillment of this CPA, including, but not limited to, adequate records for the verification of
<br />employment, salaries, investment amounts, Statutorily Qualifying Expenses and environmental
<br />permits, or if the Company or Guarantor fail to provide access and right of inspection sufficient to
<br />verify compliance with this CPA, the Local Government or the Secretary, as applicable, may in
<br />its or his discretion declare this CPA to be in default, withhold payments for or under this CPA or
<br />the LGGA, and /or require reimbursement of all or any portion of the Grant previously paid.
<br />The Company and /or Guarantor shall provide any information DOC requests in order to produce
<br />reports or compile data required by the General Assembly.
<br />6.4 To the extent any information or documents gathered by or provided to the Local Government or
<br />the DOC would be regarded as confidential or not subject to disclosure under federal law or the
<br />North Carolina General Statutes (including, without limitation, N.C. Gen. Stat. §§ 132 -1 et seg.,
<br />commonly referred to as the "Public Records Act"), the Company or Guarantor, as applicable,
<br />shall clearly identify and mark them as such and that information will, to the extent allowed by
<br />law, be treated as confidential and not subject to disclosure by the Local Government and DOC
<br />and their authorized representatives.
<br />The Company and Guarantor have read and understand North Carolina's laws regarding the
<br />treatment of public records and confidential information, including without limitation, those
<br />provisions set forth in Exhibit B.
<br />The Company and Guarantor shall be responsible for any and all costs, expenses, fees, or losses
<br />that they or the Local Government or DOC or any other State entity may incur as a result of
<br />responding to or resisting any request, subpoena, legal complaint, court order, or other demand
<br />One NC Company Performance Agreement
<br />Zurn Industries, LLC
<br />Lee County
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