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(viii) the average weekly wage of all of its employees in New Jobs, is $ <br /> 4 <br /> f <br /> (ix) it is in compliance with all of the terms and conditions of the CPA and affirms <br /> the representations, warranties and covenants contained therein; <br /> (x) by not later than March 1 of each year following Closeout, for so long as the <br /> Company is required to retain jobs under the terms of the CPA, it shall submit <br /> to the DOC an annual report detailing Retained Jobs and New Jobs existing at <br /> the Related Member Party on December 31 of the year just ended; <br /> (xi) it understands that if any of the certifications provided herein prove to be <br /> false or misleading in any respect, it shall reimburse the DOC in the amount <br /> of this disbursement; and the DOC may pursue such other legal action as it <br /> deems appropriate; <br /> (xii) it is not liable for any Overdue Tax Debt, as defined in N.C. Gen. Stat. §105- <br /> 243.1 (a tax debt that remains unpaid 90 days or more after final assessment <br /> notice is sent); <br /> (xiii) there is no fact or circumstance or interest about which the Company has <br /> knowledge that would conflict in any manner or degree with the performance <br /> of its obligations under the CPA. <br /> AKG North American Operations,Inc. <br /> (Related Member Party) <br /> By: <br /> Print Name: <br /> Title: <br /> (Corporate Seal) Authorized Corporate Officer <br /> Date: <br /> ATTEST: <br /> Secretary <br /> 4 This is determined by dividing the gross wages paid during the quarter to employees in New Jobs,by <br /> the average number of full-time jobs (see footnote 1) and then converting that number to a per week <br /> average,which must equal or exceed the wage standard,if any,set in the CPA. <br /> 5 One NC Company Disbursement Request <br /> AKG North America,Inc. <br /> Orange County <br />