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3. Validitv 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 Great Wolf Resorts. In the event one or <br />mare lawsuits or other proceedings are brought against the County or any County elected <br />off cial 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 Great Wolf <br />Resorts with incentives of substantially equal value pursuant to one or more replacement <br />incentive grant programs. <br />4. Noncompliance bv Great Wolf Resorts. Great Wolf Resorts <br />acknowledges that at any time during the period that a Grant is paid or is to be paid to <br />Great Wolf Resorts by County, if Great Wolf Resort has (a) failed or fails to make or <br />maintain the New Investment, (b) fails to continue in business a fully operational Facility <br />or (c) fails to comply with any provision of this Agreement or any provision of the <br />Program applicable to this Agreement, then Great Wolf Resorts shall be in default of this <br />Agreement. In any such event, the County may at its option terminate this Agreement <br />and no further Grants shall be paid to Great Wolf Resorts. <br />5. Miscellaneous. <br />a) Great Wolf Resorts acknowledges and understands that all the <br />provisions of the Program are considered enforceable parts of this Agreement and that it <br />must comply with all such provisions in order to be eligible for and remain eligible for <br />the Grants. <br />b) This Agreement and the Grants provided by it may not be assigned <br />by Great Wolf Resorts 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 />~-3 <br />