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i. Failure to pay taxes; <br /> ii. Failure to comply with the terms and conditions of this Agreement; <br /> iii. Submission of incorrect or incomplete reports to the COUNTY in any <br /> material respects or; <br /> iv. Failure to make satisfactory progress towards making the cumulative <br /> investment in the property as of each fiscal year according to Exhibit A, <br /> without requesting an extension of time and agreed upon by the COUNTY <br /> in writing, the determination of whether satisfactory progress has been <br /> made will be in the sole discretion of the County. <br /> b. The COUNTY may terminate this Agreement, as set forth herein, for failure of <br /> the COMPANY to make the investment of the property, for failure of the project, <br /> or violation of the terms of this Agreement, in the discretion of the COUNTY, <br /> providing that 30-day notification was provided to the COMPANY and the <br /> COMPANY was unable to cure such defect. <br /> c. The COUNTY may terminate this Agreement, without cause giving sixty days <br /> (60)notification to the COMPANY. <br /> 9. ADDITIONAL PROVISIONS. <br /> a. Verification and Reporting. The COMPANY shall provide to the COUNTY on <br /> an annual basis or upon the COUNTY's request all reasonable documentation <br /> deemed necessary by the COUNTY to verify maintenance of the New Jobs, and <br /> expenditure of the Taxable Investment described in this agreement, including,but <br /> not limited to, Employment Security Commission form NCUI 101 and the use of <br /> the Grant funds. Annual reporting shall be done by March 31'each year. If such <br /> information is not provided to the COUNTY by that date, it is assumed the <br /> COMPANY is no longer seeking an incentive for that fiscal year and therefore a <br /> payment will not be made to the COMPANY. <br /> b. Force Majeure. If unforeseen calamity, an Act of God, or financial disaster is the <br /> alleged cause of the COMPANY's failure to satisfy or perform any obligation <br /> under this Agreement, the COMPANY may request an extraordinary modification <br /> of this Agreement from the County. The parties agree that any decision to allow <br /> such modification shall be at the mutual decision of the Parties. <br /> c. Records. The COMPANY shall keep and maintain books and records, and other <br /> documentation relating to the receipt and disbursement of Grant funds and <br /> fulfillment of this Agreement, including, but not limited to,records to verify the <br /> hiring,retention, discharge and salaries and benefits paid to all employees <br /> covered by this Agreement and the amount of Grant funds expended for the <br /> purposes allowed under this Agreement. <br />