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DocuSign Envelope ID: 15778BEC-CFCC-42B8-88BF-424EFA33BADA <br /> A. Implementation. The Project shall be implemented in the manner described in Exhibit <br /> A. Time is of the essence in the implementation of the Project. <br /> B. Use of Funds. Grant Recipient shall not use the grant funds for any of the prohibited <br /> purposes described in the Policies and Procedures. The grant shall be utilized solely <br /> for its intended use, as detailed in the Application. Should the County, in its sole <br /> discretion, determine Grant Recipient used the grant funds for any prohibited <br /> purpose or ineligible use or in any other way violated the terms of this Agreement the <br /> Grant Recipient agrees to, upon County's written demand, repay to County all grant <br /> funds within thirty (30) days of said written demand. <br /> C. Maintain Certain Conditions. <br /> Grant Recipient shall endeavor to meet at least one of the following conditions for at <br /> least one year: (a) Job Retention, within six months of the award retain at least 50% <br /> of the work force that existed on January 1, 2020 and retain 100% within one year of <br /> the award date; (b) Living Wage, pay 90% of Borrower's work force a living wage of <br /> $15 per hour; or (c) Community Participation and Involvement, in kind service, <br /> discounts or donation to first responders, healthcare and other front line workers in <br /> the amount of at least $250 annually for award recipients with net income of up to <br /> $100,000 and at least $500 annually for all others. Any value derived from discounts <br /> shall be the result of at least 15% off retail price. Determinations regarding qualifying <br /> recipients of in kind services or donations shall be at the sole discretion of the <br /> County. Borrower shall supply evidence of compliance through NC Employment <br /> Commission reports, IRS 941 Payroll quarterly reports, Orange County Living Wage <br /> certificate or, if those are inapplicable, a notarized owner affidavit. <br /> 4. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County and <br /> their officers and employees from any and all claims of actual injury, damage or loss to a <br /> person, or real or personal property that results from or is in any way connected to the <br /> use of the grant funds. <br /> 5. Termination. <br /> A. In the event of any of the circumstances set forth below (hereinafter referred to as <br /> "default"), the County may immediately terminate this Agreement: <br /> i. Any fraudulent representation on a material matter related to securing and <br /> utilizing grant funds under this Agreement. <br /> ii. Failure to satisfactorily comply with any provision of this Agreement, any term <br /> of the Emergency Small Business Funding Application, and/or any <br /> Emergency Small Business Program Guideline, as determined by the <br /> Committee in its sole discretion. <br /> iii. Failure to adhere to the terms of applicable county, state, or federal laws, <br /> regulations, or stated public policy. <br /> Esbfp 070120 v1 <br />