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<br />3. Validity 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 Shoe Show. In the event one or more <br />lawsuits or other proceedings are brought against the County or any County elected <br />official 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 ofthe 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 Shoe Show <br />with incentives of substantially equal value pursuant to one or more replacement <br />incentive grant programs. <br /> <br />4. Noncompliance bv Shoe Show. Shoe Show acknowledges that at any <br />time during the period that a Grant is paid or is to be paid to Shoe Show by County, if <br />Shoe Show has (a) failed or fails to make or maintain the New Investment, (b) fails to <br />continue in business a fully operational Facility or (c) fails to comply with any provision <br />of this Agreement or any provision of the Program applicable to this Agreement, then <br />Shoe Show shall be in default of this Agreement. In any such event, the County may at <br />its option terminate this Agreement and no further Grants shall be paid to Shoe Show. <br /> <br />5. Miscellaneous. <br /> <br />a) Shoe Show acknowledges and understands that all the provisions <br />of the Program are considered enforceable parts of this Agreement and that it must <br />comply with all such provisions in order to be eligible for and remain eligible for the <br />Grants. <br /> <br />b) This Agreement and the Grants provided by it may not be assigned <br />by Shoe Show without the prior written consent of County. <br /> <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 />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 /> <br />G,- ~ <br />- <br />