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The County agrees that the Grant payment pursuant to Paragraph I(a)to be made to Project Ali Applicant during the respective term will be made within ninety(90) days after payment by Project Ali Applicant of all property taxes due to the County and the delivery of the Assessor's Statement. These are conditions precedent to any Grant payment. Project Ali Applicant also agrees to designate a person within its organization responsible for compliance with the provisions of this Agreement and for communication with the County concerning this Grant and this Agreement. 2. City and State Incentives. The County agrees to assist Project Ali Applicant in obtaining any incentives, grants and programs that may be or become available from the City of Concord and the State of North Carolina; however, the County shall not be responsible for obtaining or paying any State incentives to Project Ali Applicant, 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 Project Ali 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 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 Project Ali Applicant with incentives of substantially equal value pursuant to one or more replacement economic development grant programs. 4. Noncompliance by Project Ali Applicant. Project Ali Applicant acknowledges that at any time during the period that a Grant is paid or is to be paid to Project Ali Applicant by County, if Project Ali Applicant 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 Project Ali Applicant shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no Grant shall be paid to Project Ali Applicant or the Grant paid to Project Ali Applicant shall be immediately repaid to the County. 5. Miscellaneous. a) Program Provisions. Project Ali Applicant 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 Grant. 3 Attachment number 1 \n G-1 Page 99