Laserfiche WebLink
addition to the remedies available to County in Paragraph 4, below. Notwithstanding the <br />other provisions of this paragraph, Corning shall not be obligated to repay any previously <br />paid Grant(s) if Corning is unable to fully comply with the Special Conditions (a) or (b) <br />above, due solely to a financial occurrence or event completely beyond the control of <br />Corning. An example of such an occurrence or event is a regional or nationwide <br />emergency or disaster which causes a disruption of commerce generally, not solely for <br />Corning. <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 or the Facility (as it may be expanded or modified) unless <br />otherwise agreed to in writing by the County and Corning. 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 Corning <br />with incentives of substantially equal value pursuant to one or more replacement <br />incentive grant programs. <br />4. Noncompliance by Corning. Corning acknowledges that at any time <br />during the period that a Grant is paid or is to be paid to Corning by County, if Corning <br />has (a) failed or fails to make or maintain the New Investment, (b) fails to continue in <br />business a fully operational Facility or (c) fails to comply with any provision of this <br />Agreement or any provision of the Program applicable to this Agreement, then Corning <br />shall be in default of this Agreement. In any such event, the County may at its option <br />terminate this Agreement and no further Grants shall be paid to Corning. <br />Miscellaneous. <br />a) Corning acknowledges and understands that all the provisions of <br />the Program are considered enforceable parts of this Agreement and that it must comply <br />with all such provisions in order to be eligible for and remain eligible for the Grants. <br />b) This Agreement and the Grants provided by it may not be assigned <br />by Corning 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 />Attachment number 3 <br />G -2 Page 242 <br />