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1 <br />5. Miscellaneous. <br />a) 390 -BB 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 390 -BB 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: John D. Day <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: jddayg.CabarrusCounty.US <br />Attachment number 3 <br />G -1 Page 136 <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 390 -BB. 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 />' <br />invalid, the County agrees that it will, to the extent permitted by law, provide 390 -BB <br />with incentives of substantially equal value pursuant to one or more replacement <br />' <br />incentive grant programs. <br />4. Noncompliance by 390 -BB. 390 -BB acknowledges that at any time <br />during the period that a Grant is paid or is to be paid to 390 -BB by County, if 390 -BB has <br />(a) failed to make the New Investment in the Facility or (b) fails to comply with any <br />provision of this Agreement or any provision of the Program applicable to this <br />Agreement, then 390 -BB shall be in default of this Agreement. In any such event, the <br />County may at its option terminate this Agreement and no further Grants shall be paid to <br />390 -BB. <br />5. Miscellaneous. <br />a) 390 -BB 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 390 -BB 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: John D. Day <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: jddayg.CabarrusCounty.US <br />Attachment number 3 <br />G -1 Page 136 <br />