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State standards and procedures, and shall take into account Developer's representations <br />as to the scope, quality and value of the project. <br />SECTION 4: Future Expansion. <br /> <br /> Any expansion of the Project after the commencement of the five-year Grant <br />period shall (provided the Programs are still in effect, respectively) be eligible for <br />consideration for Grants under each of the Programs for a separate five-year Grant period <br />beginning for such tax year as the Developer shall elect by written notice to the City and <br />County. Notwithstanding anything to the contrary contained in this Section, if the <br />Developer commences construction of a "Phase II" expansion of the Project of at least <br />250,000 square feet of GFA and such construction commences prior to expiration of the <br />initial 5-year Grant period for the Project then, in that event, the parties agree that such <br />Phase II shall be eligible for a Level I Grant (25% level) for a separate five-year Grant <br />period beginning on a substantially equivalent "commencement date" as that described <br />herein for the Project. <br />SECTION 5: State Incentives. <br /> <br /> The City, the County, and the Tourism Authority agree to assist the Deyeloper in <br />obtaining any incentives, grants and programs that may be or become available from the <br />State of North Carolina and shall "pass through" to the benefit of the Developer any <br />incentives, grants and programs that the State of North Carolina provides to cities and <br />counties for economic development purposes. <br />SECTION 6: Validity of Incentives. <br /> <br /> As stated in each of the Programs, no change in the Programs after the date hereof <br />shall apply to the provisions of this Agreement or to the Project (as it may be further <br />expanded). In the event one (1) or more lawsuits or other proceedings are brought <br /> <br />Filename- S~lanningXlnceative Grant Agreement.doc - I0 - <br /> <br />Revised 12/18/98 <br /> <br /> <br />