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Esbfp 070120 v1 <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 />DocuSign Envelope ID: CC7B7E0E-F732-4A7B-B95D-E96B3F84D6FC