AG 2017 08 21 - Laserfiche WebLink

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with the provisions of this Agreement and for communication with the County concerning these Grants and this Agreement. 2. City and State Incentives. The County agrees to assist Hercules II in obtaining any incentives, grants and programs that may be or become available from the City of Kannapolis and the State of North Carolina; however, the County shall not be responsible for obtaining or paying any State incentives to Hercules II, except as otherwise provided by law. 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 unless otherwise agreed to in writing by the County and Hercules II. 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 economic development Grants or other agreements of the County are determined to be invalid,the County agrees that it will,to the extent permitted by law,provide Hercules II with incentives of substantially equal value pursuant to one or more replacement economic development grant programs. 4. Noncompliance by Hercules II. Hercules II acknowledges that at any time during the period that a Grant is paid or is to be paid to Hercules II by County, if Hercules II has (a) failed or fails to make or maintain the New Investment, (b) failed or fails to provide the jobs represented to the EDC and the County; (c) fails to continue in business a fully operational Facility or(d) fails to comply with State law, any provision of this Agreement or any provision of the Program applicable to this Agreement, then Hercules II shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no further Grants shall be paid to Hercules II and any Grants paid to Hercules II shall be immediately repaid to the County. 5. Miscellaneous. a) Program Provisions. Hercules II acknowledges and understands that all the applicable provisions of the Program are considered enforceable parts of this Agreement and that it must comply with all such provisions in order to be eligible for and remain eligible for the Grants. b) Assignment. This Agreement and the Grants provided by it may not be assigned by Hercules II without the prior written consent of County. c) Notices. All notices, certificates or other communications required by or made pursuant to this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by facsimile (confirmed by the party providing notice) as follows: 3 Attachment number 3\n G-1 Page 219