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(c) The Local Government agrees to take all steps reasonably necessary to ensure and to establish <br /> to DOC that the required levels of jobs are created and/or retained,the required salary levels are achieved, <br /> the required levels of investments are made,statutorily qualifying expenses are incurred,any required <br /> environmental permits are obtained,and any other required performance criteria are satisfied,and that no <br /> Grant funds are disbursed until the performance criteria in the CPA have been met. <br /> (d) The Local Government agrees to take whatever steps may be reasonably necessary to ensure <br /> and to establish to DOC that Grant funds disbursed by the Local Government are used only for purposes <br /> allowed under the statutory authority creating the Program. <br /> (e) The Local Government agrees to take whatever steps may reasonably be required,after <br /> consultation with the Secretary of DOC(the"Secretary")and not inconsistent with the Secretary's <br /> authority under the CPA,to recapture all disbursed funds for which the Local Government and DOC have a <br /> right to be reimbursed. <br /> (f) The Local Government acknowledges that DOC has a right to recapture funds under the CPA <br /> and that such right does not relieve the Local Government of its own responsibility to recapture funds. <br /> (g) The Local Government agrees to otherwise reimburse DOC for any funds improperly disbursed, <br /> provided,however,that Local Government is under no obligation to reimburse DOC for any improperly <br /> disbursed funds that were disbursed with DOC's prior permission. <br /> (h) The Local Government agrees to keep and maintain books,records,and other documents <br /> relating to the receipt and disbursement of the Grant and the fulfillment of this LGGA.The Local <br /> Government shall provide any information DOC requests in order to produce reports or compile data <br /> required by the General Assembly. If the Local Government fails to keep and maintain books and records <br /> necessary for verifying fulfillment of this LGGA,the Secretary may in his discretion declare this LGGA to <br /> be in default,withhold payments for or under this LGGA,and/or require reimbursement of all or any <br /> portion of Grant funds previously paid. Prior to taking such action,the Secretary will endeavor to <br /> communicate with the Local Government and the Company to discuss the circumstances and the actions <br /> being contemplated. <br /> (i) The Local Government agrees to provide any duly authorized representative of DOC or the <br /> State of North Carolina at all reasonable times access to and the right to inspect,copy,monitor,and <br /> examine all of the books,papers,records,and other documents relating to the Grant for a period of three <br /> years following the last payment of Grant funds or for the inspection period specified in the CPA, <br /> whichever is longer. To the extent any information or documents gathered pursuant to this section would <br /> be regarded as confidential or not subject to disclosure under federal law or the North Carolina General <br /> Statutes(to include,without limitation,N.C.Gen. Stat. §§ 132-1 et seq., commonly referred to as the <br /> "Public Records Act"), the Local Government shall clearly identify and mark them as such and that <br /> information will,to the extent allowed by law,be treated as confidential and not subject to disclosure by <br /> DOC and its authorized representatives. If the Local Government fails to provide such access and right of <br /> inspection,the Secretary may exercise discretion to declare this LGGA in default,to withhold payments <br /> under this LGGA and/or require reimbursement of all or any portion of the Grant paid. <br /> 0) The Local Government shall comply with all lawful requirements of DOC,all applicable <br /> requirements of the General Statutes of the State of North Carolina,and any other applicable laws and/or <br /> Executive Orders currently or hereafter in force. <br /> (k) In the event that the Company or Related Member Parties fail to fulfill their responsibilities under <br /> the Company Application and/or CPA,including their responsibilities to create and/or retain jobs,make <br /> investments,and incur statutorily qualifying expenses,the Local Government,after consultation with the <br /> Secretary and not inconsistent with the Secretary's authority under the CPA,shall promptly exercise its <br /> rights and remedies to require repayment of funds,or to assess such other penalties as may be provided for <br /> in the CPA. <br /> 3 <br />