AG 2006 04 17 - Laserfiche WebLink

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[Q)lRi~fFir 2. State and Town Incentives. The Co.unty agrees to assist JHE in o.btaining any incentives, grants and programs that may be o.r beco.me available from the State o.fNo.rth Caro.lina andlo.r the To.wn o.fHarrisburg; ho.wever, the Co.unty shall no.t be respo.nsible fo.r obtaining o.r paying any State o.r To.wn incentives to. JHE, except as o.therwise provided by law. 3. Validitv of Incentives. As stated in the Program, no change in the Program after the date o.fthis Agreement shall apply to. the provisions of this Agreement or to the New Investment o.r the Facility (as it may be expanded or mo.dified) unless o.therwise agreed to. in writing by the Co.unty and JHE. In the event o.ne o.r more lawsuits or o.ther proceedings are brought against the Co.unty or any County elected official challenging the legality o.fthis Agreement or any provisio.n, the County shall defend against any and all such lawsuits o.r o.ther proceedings, including appealing any adverse judgment to. the highest appellate Co.urt o.fthe State o.fNo.rth Caro.lina. In the event that any o.fthe incentives o.r o.ther agreements o.fthe Co.unty are determined to. be invalid, the Co.unty agrees that it will, to. the extent permitted by law, provide JHE with incentives of substantially equal value pursuant to. o.ne o.r mo.re replacement incentive grant programs. 4. No.nco.moliance bv JHE. JHE ackno.wledges that at any time during the perio.d that a Grant is paid o.r is to be paid to. JHE by Co.unty, if JHE has (a) failed or fails to. make o.r maintain the New Investment, (b) fails to continue in business a fully o.peratio.nal Facility o.r (c) fails to.co.mply with any provisio.n o.fthis Agreement or any provisio.n o.fthe Program applicable to. this Agreement, then JHE shall be in default o.f this Agreement. In any such event, the Co.unty may at its o.ptio.n terminate this Agreement and no. further Grants shall be paid to. JHE. 5. Miscellaneo.us. a) JHE ackno.wledges and understands that all the provisio.ns o.f the Program are co.nsidered enfo.rceable parts of this Agreement and that it must comply with all such provisio.ns in o.rder to be eligible fo.r and remain eligible fo.r the Grants. b) This Agreement and the Grants provided by it may no.t be assigned by JHE without the prio.r written co.nsent o.f Co.unty. c) Notices. All no.tices, certificates o.r o.ther co.mmunicatio.ns required by o.r made pursuant to this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered o.r certified mail, postage prepaid o.r sent by facsimile (co.nfirmed by the party pro.viding no.tice) as fo.llo.ws: The Co.unty: Jo.hn D. Day Cabarrus Co.unty Co.unty Manager 65 Church Street, SE Po.st Office Bo.x 707 Co.nco.rd, No.rth Caro.lina 28026 Q;-3