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cities and counties for economic development purposes. <br /> <br /> Section 3. Validity of Incentives. As stated in the Program, <br />no change in the Program after the date hereof shall apply to the <br />provisions of this Agreement or to the Expanded Facility (as it may <br />be further expanded). In the event one (1) or more lawsuits or <br />other proceedings are brought against the City or the County or any <br />City or County elected official challenging the legality of this <br />Agreement or any portion hereof, then the City and the County shall <br />defend against any and all such lawsuits or other proceedings, <br />including appealing any adverse judgment to the appropriate Court. <br />In the event that any of the incentives or other agreements of the <br />City or the County are determined to be invalid, the City and the <br />County agree that they will, to the extent permitted by law, <br />provide S & D with incentives of substantially equal value pursuant <br />to one (1) or more replacement incentive grant programs. <br /> <br /> Section 4. Miscellaneous. <br /> <br /> 4.1 Notices. Ail notices, certificates or other <br /> <br />communications required by or made pursuant to this Agreement shall <br />be sufficiently given and shall be deemed given when delivered or <br />mailed by registered or certified mail, postage prepaid or sent by <br />telefacsimile (confirmed by the party providing notice) as follows: <br /> <br /> The city: The City of Concord <br /> P. O. Box 308, 26 Union Street, South <br /> Concord, North Carolina 28025 <br /> Attn: City Manager <br /> Telefacsimile No.: (704) 786-7068 <br /> <br /> Copy to: Gordon L. Belo, Esquire <br /> Plummer, Belo & Russell, P. A. <br /> 29 Church Street, S. E. <br /> Concord, North Carolina 28025 <br /> Telefacsimile No.: (704) 795-0516 <br /> <br /> <br />