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County and the delivery of the Assessor's Statement; provided, however, that if at the time of such property tax payment Project Pinecone Applicant has not paid all taxes due and payable to the County, including but not limited to taxes disputed by Project Pinecone Applicant, the County shall withhold the annual Grant payment until such time that Project Pinecone Applicant is current on payment of all such taxes. 2. Special Conditions. The County's obligation to make the Grants provided in this Agreement are specifically conditioned upon Project Pinecone Applicant a) occupying the Site for at least ten (10) years after installation of the New Investment, and b) maintaining the New Investment and Facility in operating condition in the County for at least ten (10) years after installation of the New Investment. In the event that Project Pinecone Applicant does not fulfill any one or more of these conditions, any Grants not paid will be cancelled and Project Pinecone Applicant will be required to immediately repay all Grants previously paid. This remedy is in addition to the remedies available to County in Paragraph 4, below. Notwithstanding the other provisions of this paragraph, Project Pinecone Applicant shall not be obligated to repay any previously paid Grant(s) if Project Pinecone Applicant is unable to fully comply with the Special Conditions (a) or(b) above, due solely to a financial occurrence or event completely beyond the control of Project Pinecone Applicant. An example of such an occurrence or event is a regional or nationwide emergency or disaster which causes a disruption of commerce generally, not solely for Project Pinecone Applicant. 3. Validity of Incentives. As stated in the Program, no change in the Program after the date of this Agreement shall apply to the provisions of this Agreement or to the New Investment or the Facility(as it may be expanded or modified)unless otherwise agreed to in writing by the County and Project Pinecone Applicant. In the event one or more lawsuits or other proceedings are brought against the County or any County elected official challenging the legality of this Agreement or any provision, the County shall defend against any and all such lawsuits or other proceedings, including appealing any adverse judgment to the highest appellate court of the State of North Carolina. In the event that any of the incentives or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide Project Pinecone Applicant with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncompliance by Project Pinecone Applicant. Project Pinecone Applicant acknowledges that at any time during the period that a Grant is paid or is to be paid to Project Pinecone Applicant by County, if Project Pinecone Applicant has (a) failed or fails to make or maintain the New Investment, (b) fails to continue fully in business its existing plant, (c) fails to continue fully in business the New Facility, or(d) fails to comply with any provision of this Agreement or any provision of the Program applicable to this Agreement, then Project Pinecone Applicant shall be in default of this Agreement. In any such event, the County shall give written notice to Project Pinecone Applicant describing such default. In the event that Project Pinecone Applicant shall fail to cure such default within 90 days of having received such written notice, the County may at its option terminate this Agreement and withhold all further Grant payments. Attachment number 3\n G-2 Page 125