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or to the New Investment or the Addition (as it may be expanded or modified) unless <br />otherwise agreed to in writing by the County and Wind Shear. In the event one or more <br />lawsuits or other proceedings are brought against the County or any County elected <br />official challenging the legality of this Agreement or any provision, the County shall <br />defend against any and all such lawsuits or other proceedings, including appealing any <br />adverse judgment to the highest appellate court of the State of North Carolina. In the <br />event that any of the incentives or other agreements of the County are determined to be <br />invalid, the County agrees that it will, to the extent permitted by law, provide Wind Shear <br />with incentives of substantially equal value pursuant to one or more replacement <br />incentive grant programs. <br />4. Noncompliance by Wind Shear. Wind Shear acknowledges that at <br />any time during the period that a Grant is paid or is to be paid to Wind Shear by County, <br />if Wind Shear has (a) failed or fails to make or maintain the New Investment, (b) fails to <br />continue in business a fully operational facility or (c) fails to comply with any provision <br />of this Agreement or any provision of the Program applicable to this Agreement, then <br />Wind Shear shall be in default of this Agreement. In any such event, the County may at <br />its option terminate this Agreement and no further Grants shall be paid to Wind Shear. <br />5. Miscellaneous. <br />a) Wind Shear acknowledges and understands that all the provisions <br />of the Program are considered enforceable parts of this Agreement and that it must <br />comply with all such provisions in order to be eligible for and remain eligible for the <br />Grants. <br />b) This Agreement and the Grants provided by it may not be assigned <br />by Wind Shear 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 />Cabarrus County <br />County Manager <br />65 Church Street, SE <br />Post Office Box 707 <br />Concord, North Carolina 28026 <br />Facsimile Number: (704) 920 -2820 <br />Telephone Number: (704) 920 -2100 <br />E -Mail: mkdowns(ii)cabarruscoun .us <br />Attachment number 3 <br />H -1 Page 239 <br />