AG 2006 07 31 Recessed - Laserfiche WebLink

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2. State !l\}d City Incentives. The County agrees to assist Double 0 in obtaining any incentives, grants and programs that may be or become available from the State of North Carolina and/or the City of Kannapolis; however, the County shall not be responsible for obtaining or paying any State or County incentives to Double 0, except as otherwise provided bylaw. 3. Validity of Incentives. As stated in the Program, no change in the Program after the datelofthis Agreement shall apply to the provisions of this Agreement or to the New Invest~ent or the Facility (as it may be expanded or modified) unless otherwise agreed to in:writing by the County and Double O. In the event one or more lawsuits or other proc~edings are brought against the County or any County elected official challenging th~ 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 tije highest appellate court of the State of North Carolina. In the event that any ofthe incentives or other agreements of the County are determined to be invalid, the County agtees that it will, to the extent permitted by law, provide Double 0 with incentives of sub$tantially equal value pursuant to one or more replacement incentive grant progratns. 4. NoncoIpoliance bv Double O.Double 0 acknowledges that at any time during the period that II Grant is paid or is to be paid to Double 0 by County, if Double 0 has (a) failed or fails t+ 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 any proyision of the Program applicable to this Agreement, then Double 0 shall be in default oftI'1is Agreement. In any such event, the County may at its option terminate this. Agreement and no further Grants shall be paid to Double O. 5. Miscelllmeous. t a) POUBLE 0 acknowledges and understands that all the provisions of the Program are co~sidered enforceable parts of this Agreement and that it must comply with all such 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 DOUBLE 0 witho1!lt the prior written consent of County. l c) Notices. All notices, certificates or other communications required by or made p*rsuant 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 (c~nfirmed by the party providing notice) as follows: The County: John D. Day tabarrus County ~ounty Manager liS Church Street, SE i C-2..