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not be responsible for obtaining or paying any State or City incentives to Silverman <br /> Group, except as otherwise provided by law. <br /> 3. Validity of Incentives. As stated in the Program, no change in the <br /> Program after the date of this Agreement shall apply to the provisions of this Agreement <br /> or to the New Investment(as it may be expanded or modified)unless otherwise agreed to <br /> in writing by the County and Silverman Group. In the event one or more lawsuits or <br /> other proceedings are brought against the County or any County elected official <br /> challenging the legality of this Agreement or any provision, the County shall defend <br /> against any and all such lawsuits or other proceedings, including appealing any adverse <br /> judgment to the highest appellate court of the State of North Carolina. In the event that <br /> any of the economic development Grants or other agreements of the County are <br /> determined to be invalid, the County agrees that it will, to the extent permitted by law, <br /> provide Silverman Group with incentives of substantially equal value pursuant to one or <br /> more replacement economic development grant programs. <br /> 4. Noncompliance by Silverman Groin Silverman Group acknowledges <br /> that at any time during the period that any Grant is paid or is to be paid to Silverman <br /> Group by County, if Silverman Group has (a) failed or fails to make or maintain this New <br /> Investment, (b) failed or fails to provide the jobs represented to the EDC; (c) fails to <br /> comply with State law, any provision of this Agreement, any other grant agreement with <br /> the City or County or any provision of the Program applicable to this Agreement, or (d) <br /> institutes any litigation against the City and/or County regarding the eligibility of any <br /> Silverman project for an economic development grant, then Silverman Group shall be in <br /> default of this Agreement. In any such event, the County may at its option terminate this <br /> Agreement and no further Grants shall be paid to Silverman Group and any Grants paid <br /> to Silverman Group shall be immediately repaid to the County. <br /> 5. Miscellaneous. <br /> a) Silverman Group acknowledges and understands that all the <br /> applicable provisions of the Program are considered enforceable parts of this Agreement <br /> and that it must comply with all such provisions in order to be eligible for and remain <br /> eligible for the Grants. <br /> b) This Agreement and the Grants provided by it may not be assigned <br /> by Silverman Group without the prior written consent of County. <br /> c) Notices. All notices, certificates or other communications <br /> required by or made pursuant to this Agreement shall be sufficiently given and shall be <br /> deemed given when delivered or mailed by registered or certified mail, postage prepaid <br /> or sent by facsimile (confirmed by the party providing notice) as follows: <br /> The County: Michael K. Downs <br /> County Manager <br /> Cabarrus County <br /> Attachment number 3\n <br /> G-2 Page 87 <br />