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and for communication with the County concerning these Investments and this Agreement. 2. City and State Incentives. The County agrees to assist Project Hornet Applicant in obtaining any incentives, investments 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 Project Hornet 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 Hornet 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 Investments 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 Hornet Applicant with incentives of substantially equal value pursuant to one or more replacement economic development investment programs. 4. Noncompliance by Project Hornet Applicant. Project Hornet Applicant acknowledges that at any time during the period that a Investment is paid or is to be paid to Project Hornet Applicant by County, if Project Hornet 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 Hornet Applicant shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no further Investments shall be paid to Project Hornet Applicant and any Investments paid to Project Hornet Applicant shall be immediately repaid to the County. 5. Miscellaneous. a) Project Hornet 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 Investments. b) This Agreement and the Investments provided by it may not be assigned by Project Hornet 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 Attachment number 3 \n G -1 Page 111