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Contracttr:2008.108.80315.102 AGREEMENT THIS AGREEMENT (the Agreement) is made effective the 23`" day of anua 2008 by and between the Countv of Cabarrus (hereinafrer referred to as GRANTEE), and the Rural Economic Development Center, Inc. (hereinafter referred to as CENTER or RURAL CENTER), a North Carolina non-profit corporation acting in its capacity as the fiscal fiduciary, staffing agent and contracting agent for the purposes of securing services and supplies for the e-NC Authority (e-NC or the Authority). As used herein, representations of or actions taken by the CENTER shall refer to only those actions or reptesentations it is authorized to make as the agent of the e-NC, and for the e-NC's benefit. GRANTEE and CENTER (together "the Pazties") hereby agree as follows: WITNESSETH: WHEREAS, the e-NC Authority was created by SL 2003-425 to help expand high-speed Internet access and technology-based economic development in distressed azeas of North Cazolina; and WHEREAS, the NC General Assembly established franchising and other requirements relating to PEG Channels, and established the PEG Channel Fund in SL 2006-151; and WHEREAS, the e-NC Authority administers the PEG Channel Fund pursuant to N.C.G.S. 66-359; and WHEREAS, the e-NC Authority issued a Request for Proposals (RFP) on October 12, 2007, for cities, towns, municipalities and counties to apply for PEG Channel Grants; and WHEREAS, Grantee subnritted an application to e-NC requesting a Grant for the Countv of Cabarrus in response to the PEG Channel RFP; and WHEREAS, the e-NC Authority on December 14, 2007, awazded 25 000.00 to Grantee, contingent on establishing and executing a satisfactory contract; and NOW, THEREFORE, in consideration of the mutual promises and such other valuable consideration as shall be set out herein, the Pazties hereto do mutually agree to the following terms and conditions: 1. Scope of Grant. The GRANTEE shall apply the Grant Funds as described in Exhibit A (Grantee's RFP response), and having the following goals and objectives: a. To continue activities of Grantee's PEG Channel(s); b. To utilize the e-NC grant funding to provide needed capital expenditure improvements critical to providing PEG channel programming. 2. Chanties in the Grant. a. If changes or extra work aze requested with respect to the use of Grant Funds, such changes must be authorized in writing by the CENTER, and the GRANTEE will be requued to furnish, or obtain from others, any services required. b. Any change refesed to in Paragraph 2(a) above shall be the subject of a sepazate written agreement between the CENTER and the GRANTEE stating the costs and schedule for completing any such extra work; or an amendment to this Ageement c. All equipment necessary to the operation of the site(s) will be maintained in operating .order throughout the period of the grant. The GRANTEE shall notify the e-NC of any equipment, network, or other operational failure as provided in the Statement of Work. d. The GRANTEE shall immediately notify the CENTER of any change in conditions or applicable law, or any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Paragraph. ~- Pa~e 1 of 12