AG 2006 07 31 Recessed - Laserfiche WebLink

Home Browse Search

2. State lllld Citv Incentives. The County agrees to assist Connextions in obtaining any incentiv~s, grants and programs that may be or become available from the State of North Carolinll and/or the City of Concord; however, the County shall not be responsible for obtaining or paying any State or County incentives to Connextions, except as otherwise prOvided by law. 3. Validity of Incentives. As stated in the Program, no change in the Program after the date!ofthis 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 Connextions. 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 anq 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 a~ees that it will, to the extent permitted by law, provide Connextions with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncomoliance bv Connextions. Connextions acknowledges that at any time during the pej10d that a Grant is paid or is to be paid to Connextions by County, ifConnextions has (a) ifailed 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 aPy provision of the Program applicable to this Agreement, then Connextions 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 Connextions. 5. Miscellllneous. , a) 120NNEXTIONS acknowledges and understands that all the provisions of the Pro~am are considered enforceable parts ofthis Agreement and that it must comply with all ~uch 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 CONNEXTIONS without the prior written consent of County. c) ~otices. All notices, certificates or other communications required by or made p-(lrsuant to this Agreement shall be sufficiently given and shall be deemed given when d~livered or mailed by registered or certified mail, postage prepaid or sent by facsimile (clmfirmed by the party providing notice) as follows: The County: John D. Day Cabarrus County ,County Manager !65 Church Street, SE C-I