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34 <br /> Rural Economic Development Loan Agreement and EXHIBIT E <br /> Legally Binding Commitment,Private Owner <br /> BUILDING REUSE PROGRAM--Revision#3 zazo-o25-3zo1-z587 <br /> Governmental Unit or the State to any agreement for payment of goods or services or <br /> represent to any person that they have such ability, Nor shall the Governmental Unit <br /> have the ability to bind the State to any agreement for payment of goods or services <br /> or represent to any person that it has such ability, <br /> (b). The Owner and any third parry(including,without limitation,any Business)shall be <br /> responsible for payment of all their expenses, including rent,office expenses and all <br /> forms of compensation to their employees, The Owner and any third parties <br /> (including,without limitation, any Business)shall provide worker's compensation <br /> insurance to the extent required for their operations and shall accept full responsibility <br /> for payments of unemployment tax or compensation, social security, income taxes, <br /> and any other charges, taxes or payroll deductions required by law in connection with <br /> their operations, for themselves and their employees who are performing work <br /> pursuant to this LBC or the Project. All expenses incurred by the Owner or any third <br /> party(including,without limitation,any Business)are their sole responsibilities,and <br /> neither the Governmental Unit nor the State(including, without limitation,Commerce <br /> and the Rural Authority)shall be liable for the payment of any obligations incurred in i <br /> the performance of the Project. <br /> 7, Proiect Records. <br /> (a). The Owner shall maintain and cause any Business to maintain full, accurate and <br /> verifiable financial records, supporting documents and all other pertinent data for the <br /> Project in such a manner as to clearly identify and document the expenditure of the <br /> State funds provided under this LBC separate from accounts for other awards, <br /> monetary contributions or other revenue sources for this Project. <br /> (b). The Owner shall retain and cause any Business to retain all financial records, <br /> supporting documents and all other pertinent records related to this LBC,the Loan <br /> and the Project for a period of five(5)years from the Termination Date, In the event <br /> such records are audited,all such records shall be retained beyond the five-year <br /> period until the audit is concluded and any and all audit findings have been resolved, <br /> 8. Monitoring..Reports and Auditing, The Owner agrees to generate and to cause any <br /> Business to generate such reports regarding the LBC or the Project as may be requested by <br /> the Governmental Unit or the State(including,without limitation,the Rural Authority or <br /> Commerce)in such form as they may request, including after the Termination Date. The <br /> Owner further grants and shall cause any Business to grant the Governmental Unit or the <br /> State(including any of its agencies,commissions or departments such as Commerce, the <br /> North Carolina State Auditor and the North Carolina Office of State Budget and <br /> Management) and any of their authorized representatives,at all reasonable times and as <br /> often as necessary(including after the Termination Date), access to and the right to inspect, <br /> copy,monitor and examine all of the books,papers, records and other documents relating <br /> to the LBC or the Project, In addition,the Owner agrees to comply and to cause any <br /> Business to comply at any time, including after the Termination Date,with any requests by <br /> the State(including,without limitation, the Rural Authority or Commerce) for other <br /> financial and organizational materials to permit the State to comply with its fiscal <br /> monitoring responsibilities or to evaluate the short-and long-range impact of its programs. <br /> Legally Binding Commitment-4 <br />