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DocuSign Envelope ID: 1970E54E-AE09-4466-994B-01CAF3868F32 <br /> d. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing <br /> control of Project property as follows: (1) Written Transactions.The Recipient agrees that it <br /> will not execute any transfer of title,lease,lien,pledge,mortgage, encumbrance,third party <br /> contract, subagreement,grant anticipation note, alienation,innovative finance arrangement <br /> (such as a cross border lease, leveraged lease, or otherwise), or any other obligation <br /> pertaining to Project property, that in any way would affect the continuing State interest in <br /> that Project property. (2) Oral Transactions. The Recipient agrees that it will not obligate <br /> itself in any manner to any third party with respect to Project property. (3) Other Actions. <br /> The Recipient agrees that it will not take any action adversely affecting the State interest in <br /> or impair the Recipient's continuing control of the use of Project property. <br /> e. Insurance Proceeds. If the Recipient receives insurance proceeds as a result of damage or <br /> destruction to the Project property, the Recipient agrees to: (1) Apply those insurance <br /> proceeds to the cost of replacing the damaged or destroyed Project property taken out of <br /> service,or(2) Return to TJCOG an amount equal to the remaining interest in the damaged or <br /> destroyed Project property. <br /> f. Misused or Damaged Project Property. If any damage to Project property results from abuse <br /> or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to <br /> restore the Project property to its original condition or refund the value of the State interest <br /> in that property,as TJCOG may require. <br /> g. Responsibilities after Project Closeout. The Recipient agrees that Project closeout by TJCOG <br /> will not change the Recipient's Project property management responsibilities as stated in <br /> Section 14 of this Agreement, and as may be set forth in subsequent Federal and State laws, <br /> regulations,and directives. <br /> Section 15. Insurance. <br /> The Recipient shall be responsible for protecting the State financial interests in all items purchased <br /> under this Agreement throughout the useful life of the Project property. <br /> Section 16. Employee Protections. <br /> a. Activities Not Involving Construction. The Recipient agrees to comply, and assures the <br /> compliance of each third party contractor, with the employee protection requirements for <br /> non construction employees of the Contract Work Hours and Safety Standards Act, as <br /> amended, 40 U.S.C. §§ 3701 et seq.,in particular the wage and hour requirements of Section <br /> 102 of that Act at 40 U.S.C.§3702,and with U.S.DOL regulations,"Labor Standards Provisions <br /> Applicable to Contracts Governing Federally Financed and Assisted Construction(also Labor <br /> Standards Provisions Applicable to Non construction Contracts Subject to the Contract Work <br /> Hours and Safety Standards Act)," 29 C.F.R.Part S. <br /> b. Activities Involving Commerce. The Recipient agrees that the provisions of the Fair Labor <br /> Standards Act,29 U.S.C.§§201 et seq.,apply to employees performing Project work involving <br /> commerce. <br /> Section 17. Reserved. <br /> Section 18. Energy Conservation. <br /> To the extent applicable,the Recipient agrees to comply with the North Carolina Energy Policy Act of <br /> 1975 (N.C.G.S. 11313)issued in accordance with the Energy Policy and Conservation Act,as amended, <br /> 42 U.S.C.§§ 6321 et seq. <br /> Page 13 of 18 <br />