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DocuSign Envelope ID:3CFB89C3-9933-4C32-A45F-146C793EF41 E <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. <br /> C. Maintain Certain Conditions. <br /> Grant Recipient shall endeavor to meet the following conditions but in no case fail to <br /> meet at least one of the following conditions for at least one year: (a) Job Retention, <br /> within six months of the award retain at least 50% of the work force that existed on <br /> January 1, 2020 and retain 100% within one year of the award date; (b) Living Wage, <br /> pay 90% of Borrower's work force a living wage of$15 per hour; or (c) Community <br /> Participation and Involvement, in kind service, discounts or donation to first <br /> responders, healthcare and other front line workers in the amount of at least $250 <br /> annually for award recipients with net income of up to $100,000 and at least $500 <br /> annually for all others. Any value derived from discounts shall be the result of at least <br /> 15% off retail price. Determinations regarding qualifying recipients of in kind services <br /> or donations shall be at the sole discretion of the County. Borrower shall supply <br /> evidence of compliance through NC Employment Commission reports, IRS 941 <br /> Payroll quarterly reports, Orange County Living Wage certificate or, if those are <br /> inapplicable, 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 /> B. In the event of default by the Grant Recipient, the County has the discretion to elect <br /> to terminate this Agreement, in whole or in part and/or require the Grant Recipient to <br /> repay the grant funds within thirty (30) days from written notice or allow the Grant <br /> Recipient the opportunity to cure the default. This clause shall not be interpreted to <br /> limit the County's remedies in law or equity. <br /> Esbfpgc 043020 v0.2 <br />