NDAC 27-04-01-08
Events of default
Cite as N.D. Admin. Code ยง 27-04-01-08
An event of default exists if:
1.
The business fails to train at a minimum the number of individuals specified in the final
agreement.
2.
The business fails to complete the training program.
3.
Prior to project completion, the business ceases or announces the cessation of operations at
the project site, unless such operations are transferred to another facility in the state of North
Dakota and job service North Dakota receives assurances of continued repayment.
4.
The business fails to act in accordance with the provisions of the training agreement.
5.
The business directly or indirectly makes any false or misleading representations or warranties
in the program application or training agreement, reports, financial statements, or any other
documents that are provided to job service North Dakota.
6.
The business fails to make required payments to job service North Dakota and to service
providers as identified in the agreement.
7.
The business becomes insolvent or bankrupt or admits in writing its inability to pay its debts as
they mature or makes an assignment for the benefit of creditors or the business applies for or
consents to the appointment of a trustee or receiver for the business or the major part of the
property.
8.
The business ceases or announces the cessation of operation at the project site prior to
completion date of the term of the agreement, unless such operations are transferred to
another facility in the state of North Dakota and job service North Dakota receives assurance
of continued employment and repayment.
9.
The business takes corporate action to affect any of the preceding conditions of default.
10.
The business fails to file and pay any state taxes that may be required to be filed and paid to
the state of North Dakota.