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County shall not be responsible for obtaining or paying any State or City incentives to Project Blue 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 (as it may be expanded or modified) unless otherwise agreed to in writing by the County and Project Blue 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 Blue Applicant with incentives of substantially equal value pursuant to one or more replacement economic development grant programs. 4. Noncompliance by Project Blue Applicant. Project Blue Applicant acknowledges that at any time during the period that a Grant is paid or is to be paid to Project Blue Applicant by County, if Project Blue 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 as indicated in Exhibit B; (c) fails to continue in business a fully operational Facility for a period of at least 7.5 years 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 Blue Applicant 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 Project Blue Applicant and any Grants paid to Project Blue Applicant shall be immediately repaid to the County. 5. Miscellaneous. a) Project Blue 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 Grants. b) This Agreement and the Grants provided by it may not be assigned by Project Blue Applicant 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: The County: Michael K. Downs County Manager Cabarrus County Attachment number 3 \n G -4 Page 396