AG 2009 12 21 - Laserfiche WebLink

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occupying the Site for at least five (5) years after installation of the New Investment business, and c) operating the Facility with at least sixteen (16) new fulltime employees with an average annual wage of $40,000.00 for no less than five (5) years. In the event that SBM does not fulfill any one or more of these conditions, any Grants not paid will be cancelled and SBM will be required to immediately repay all Grants previously paid. This remedy is in addition to the remedies available to County in Paragraph 4, below. Notwithstanding the other provisions of this paragraph, SBM shall not be obligated to repay any previously paid Grant(s) if SBM is unable to fully comply with the Special Conditions (b) or (c) above, due solely to a financial occurrence or event completely beyond the control of SBM . An example of such an occurrence or event is a regional or nationwide emergency or disaster which causes a disruption of commerce generally, not solely for SBM. 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 SBM. 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 incentives or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide SBM with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncompliance by SBM . SBM acknowledges that at any time during the period that a Grant is paid or is to be paid to SBM by County, if SBM has (a) failed or fails to make or maintain the New Investment, (b) fails to continue in business a fully operational Facility or (c) fails to comply with any provision of this Agreement or any provision of the Program applicable to this Agreement, then SBM shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no further Grants shall be paid to SBM. Miscellaneous. a) SBM acknowledges and understands that all the 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 Grants. b) This Agreement and the Grants provided by it may not be assigned by SBM 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 G-1 Attachment number 2 Page 229