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shall be made to that Grantee which appears to own the qualifying new Investment asset, <br />unless the Grantees agree in writing to otherwise direct the payment. <br />2. State and City Incentives. The County agrees to assist Grantees in <br />obtaining any incentives, grants and programs that maybe or become available from the <br />State of North Carolina and/or the City of Kannapolis; however, the County shall not be <br />responsible for obtaining or paying any State or City incentives to Grantees, except as <br />otherwise provided by law. <br />3. Validity of Incentives. As stated in the 1 <br />Program afrer the date of this Agreement shall apply to the <br />or to the New Investment or the Facility (as it may be expa <br />otherwise agreed to in writing by the County and Grantep~ <br />lawsuits or other proceedings are brought against the Couii <br />official challenging the legality of this Agreement or ari~%p <br />defend against any and all such lawsuits or othe~jriroceedin <br />adverse judgment to the highest appellate coua'f<e Stat <br />event that any of the incentives or other agreements~f.thq <br />invalid, the County agrees that it will, to the extent perint <br />with incentives of substantially equahyalue pursuant toY~~lg' <br />incentive grant programs. ~~~~,, <br />4. Noncompliance by Grantees <br />during the period that a Grant. is paid or is ti <br />>~ ~:~ <br />have (a) failed or fail to mal2e`~i`maintain tl <br />business a fully opggatXQnal Fac~~y or (c) E <br />Agreement or any pro~siap of tie Program <br />shall be in default of this Agreement r an_ <br />terminate tht$`~~~1'~$nCtent aril?ito further'Gi <br />grams no change in the <br />agasioiis of this Agreement <br />~l;or modified) unless <br />n the ~yent one or more <br />or ariy County elected <br />vision, tha~ounty shall <br />including a ; haling any <br />f North Carolitt'~' 'Tn the <br />only are determined to be <br />by law, provide Grantees <br />r more replacement <br />;dges that at any time <br />s by County, if Grantees <br />(b) fail to continue in <br />comply with any provision of this <br />livable to this Agreement, then Grantees <br />ih event, the County may at its option <br />shall be paid to Grantees. <br />and understand that all the provisions of the <br />Program are cta~taidered en~oi•ceable parts of this Agreement and that they must comply <br />with all such prova~~~ns mbrder 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 Grantees 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 />~• <br />