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6 50 <br />7 40 <br />8 30 <br />9 20 <br />10 10 <br />G. If for any reason Company defaults in any provision of any agreement or <br />program, whether it be federal, state or local, from which Celgard receives or is to <br />receive any kind of incentive grant for this Project, including but not limited to <br />grants from the United States Department of Energy; the North Carolina Job <br />Development Investment Grant, the One NC Fund Grant, sales tax exemptions on <br />machinery and equipment, NCDOT improvements, community college training <br />and employment recruiting and screening, then in such event, the Company will <br />repay the County as provided in Section IV.F., above. <br />H. The provisions of this Section IV survive he termination of this Agreement. <br />V. Indemnification <br />Company will indemnify and hold harmless the County and its Board of Commissioners, <br />employees and agents (the "Indemnified Panties") for damages imposed upon them by a <br />court of final determination based on any claims of third parties arising out of any act or <br />omission of the Company in the performance required of it by this Agreement, provided, <br />however, that such indemnification (i) is subject to an aggregate cap equal to the EDI <br />Grants actually received by the Company'. and (ii) is not contrary to law. The County <br />agrees that none of the foregoing shall be construed to release County from the <br />obligations it has undertaken elsewhere in this Agreement, in connection with the EDI <br />Grants or otherwise. Except as otherwise set forth herein, each Indemnified Party and the <br />Company agrees to pay its own costs incurred in connection herewith, including all costs <br />incurred in connection with the preparation of this Agreement. <br />VI. Disclaimer of Warranties <br />Company acknowledges that the County has not designed the Facility, that the County <br />has not supplied any plans or specifications with respect thereto and that the County: (a) <br />is not a manufacturer of, or dealer in, any of the component parts of the Facility or similar <br />facilities, (b) has not made any reconunendation, given any advice nor taken any other <br />action with respect to (i) the choice of any supplier, vendor or designer of, or any other <br />contractor with respect to, the Facility or any component part thereof or any property or <br />rights relating thereto, or (ii) any action taken or to be taken with respect to the Facility or <br />any component part thereof or any property or rights relating thereto at any stage of the <br />construction thereof, (c) has not at any trine had physical possession of the Facility or <br />any component part thereof, and (d) has not made any warranty or other representation, <br />express or implied, that the Facility or any component part thereof or any property or <br />rights relating thereto (i) will not result in or cause injury or damage to persons or <br />G-2 Pag~ag°e~~~ <br />