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2.0 State and City Incentives. The County agrees to assist Philip Morris in obtaining any <br />incentives, grants and programs that may be or become available from the State of North <br />Carolina and/or the City of Concord; however, the County shall not be responsible for <br />obtaining or paying any State or City incentives to Philip Morris, except as otherwise <br />provided by law. <br /> <br />3.0 Validity of Incentives. As stated in the Program, no change in the Program after the <br />date hereof shall apply to the provisions of this Agreement or to the New Personal <br />Property or the Facility (as it may be expanded or modified) unless otherwise agreed to by <br />the County and Philip Morris. In the event one or more lawsuits or other proceedings are <br />brought against the County or any County elected official challenging the legality of this <br />Agreement or any portion hereof, then the County shall defend against any and all such <br />lawsuits or other proceedings, including appealing any adverse judgment to the highest <br />appellate Court of the State of North Carolina. In the event that any of the incentives or <br />other agreements of the County are determined to be invalid, the Cousty. agrees that it <br />will, to the extent permitted by law, provide Philip Morris with benefits of substantially <br />equal value pursuant to one or more replacement programs. <br /> <br />4.0 Miscellaneous <br /> <br /> <br />