AG 2004 03 08 RECESSED - Laserfiche WebLink

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(b) The Assessor has had the reasonable opportunity to review, evaluate and verify a value of the New Personal Property. The County agrees that the Grant payments to be made to Philip Morris during the respective term will be made within thirty (30) days after Grantee's payment of all property taxes due to the County and the delivery of the Assessor's Statement. 1.5 Current Tax Payments. Philip Morris acknowledges that it is not eligible to receive any Grant under the Program unless it is current with respect to: (a) All real and personal property taxes assessed; and (b) All other fees, taxes or other assessments levied by the County. For such purposes, no such tax, fee or assessment shall be deemed not to be current unless 90 or more days have elapsed since a final assessment has been mailed to Philip Morris and Philip Morris no longer has the right to appeal or otherwise contest the tax, fee or other assessment. In any event, the County shall pay no Grant under the Program to Philip Morris until any such appeal or contest has been fully and finally concluded. 2.0 State and City Incentives. The County agrees to assist Philip Morris in obtaining any incentives, grants and programs that may be or become available from the State of North Carolina and/or the City of Concord; however, the County shall not be responsible for obtaining or paying any State or City incentives to Philip Morris, except as otherwise provided by law. 3.0 Validity of Incentives. As stated in the Program, no change in the Program after the date hereof shall apply to the provisions of this Agreement or to the New Personal Property or the Facility (as it may be expanded or modified) unless otherwise agreed to by the County and Philip Morris. 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 portion hereof, then the County shall defend against ,any and 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 agrees that it will, to the extent permitted by law, provide Philip Morris with benefits of substantially equal value pursuant to one or more replacement programs. 4.0 Miscellaneous 4.1 Notices. All notices, certificates or other communications required by or made pursuant to this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mall, postage prepaid or sent by facsimile (confirmed by the party providing notice) as follows: