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and the Company will reimburse DOC the total amount of the Grant previously disbursed in <br /> accordance with this CPA. <br /> 3.5 Other Failures to Comply. The Company may be required to reimburse Grant funds previously <br /> disbursed for failure to comply with Paragraphs 6.3 and 6.15 hereof. <br /> 3.6 Recovery of Costs. If the Company fails to reimburse any amount payable hereunder, on <br /> demand, the Local Government and DOC may recover the costs of collection to obtain recovery, <br /> from the Company,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, together with the Related Member <br /> Parties, if applicable, have failed to create and retain the Required New Jobs, has failed to make <br /> the Required Investment, or has failed to invest an amount equal to 100% of the Grant in <br /> Statutorily Qualifying Expenses, the amount of the Grant shall be reduced to the smallest of the <br /> 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 /> b. 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 /> Adjusted Grant=Original Grant Amount x Investment Actually Made <br /> Required Investment <br /> C. The amount the Company has spent on Statutorily Qualifying Expenses <br /> 4.2 To the extent the amount of the Adjusted Grant is less than the amount that has been previously <br /> disbursed to the Company, the Company shall reimburse DOC for the difference between the <br /> Adjusted Grant and the amount previously disbursed. <br /> 5.0 OBLIGATIONS BEYOND CLOSEOUT <br /> 5.1 If Closeout occurs on or before the date that is exactly one year prior to the Grant End Date,the <br /> Company and Related Member Parties will maintain at least ninety percent(90%)of the number <br /> of New Jobs in place at Closeout for two(2)years after the date of Closeout. <br /> 5.2 If Closeout occurs after the date that is exactly one year prior to the Grant End Date,the Company <br /> and Related Member Parties will maintain at least ninety percent(90%)of the number of New <br /> Jobs in place at Closeout until the date that is the one year anniversary following the Grant End <br /> Date. <br /> One NC Company Performance Agreement <br /> AKG North America, Inc. <br /> Orange County <br /> -5- <br />