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DRAFT <br /> <br />per day once the second water supply line (b) is constructed and in service, <br />regardless of actual usage in a lesser amount. The City, the County and WSACC <br />will guarantee 378,400 gallons per day "reserved" capacity for the Corning <br />Facility prior to the allocation of the second water line (b) being made <br />available to other users. <br /> <br />4.0 Water/Sewer Rates. Ail water and sewer service usage at the Property will <br />be charged, to Corning at the lowest rates charged to other water and sewer <br />customers as established and amended by the Concord City Council from time to <br />time. The current rates are attached hereto as Exhibit C. <br /> <br />5.0 Conwletion by Corning. In the event that any improvements required to be <br />made under this Agreement have not been completed by the aforementioned dates, <br />Corning may (but shall not be obligated to) complete any or all such <br />improvements after having given the party responsible therefore at least <br />fifteen (15) days' prior written notice, and the party so responsible shall <br />reimburse Corning for all costs incurred to complete such improvements. <br /> <br />6.0 State Incentives, The County agrees Co assist Corning in obtaining any <br />incentives, grants and programs that may be or become available from the State <br />of North Carolina and shall "pass through" to the benefit of Corning any <br />incentives, grants and programs that the State of North Carolina provides to <br />cities and counties for economic development purposes. <br /> <br />7.0 Validity of Incentives. As stated in the Program, no change in the Program <br />after the date hereof shall apply to the provisions of this Agreement or to <br />the Property or the Facility (as it may be expanded or modified). In the event <br />one or more lawsuits or other proceedings are brought against the County or <br />any County elected official challenging the legality of this Agreement or any <br />portion hereof, then the County shall defend against any and all such lawsuits <br />or other proceedings, including appealing any adverse judgment to the <br />appropriate Court. In the event that any of the incentives or other agreements <br />of the County are determined to be invalid, the County agrees that it will, to <br />the extent permitted by law, provide Corning with incentives of substantially <br />equal value pursuant to one or more replacement grant incentive programs. <br /> <br />8.0 Miscellaneous <br /> 8.1 ~otices. Ail notices, certificates or other communications required <br />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 <br />prepaid or sent by facsimile (confirmed by the party providing notice) as <br />follows: <br />The County: Cabarrus County <br /> Governmental Center <br /> Post Office Box 707 <br /> Concord, North Carolina 28026-0707 <br /> Attention: County Manager <br /> Facsimile: (704) 788-9820 <br /> <br />Copy to: Fletcher L. Hartsell, Jr., Esq. <br /> Hartsell Hartsell Shelley &White, P.A. <br /> 77 McCachern Boulevard SE <br /> Concord, North Carolina 28025 <br /> Facsimile: (704) 788-8058 <br /> <br />The City: The City of Concord <br /> 26 Union Street, South <br /> Post Office Box 308 <br /> Concord, North Carolina 28026 <br /> Attention: City Manager <br /> Facsimile No: (704) 786-7068 <br /> <br />Copy to: Gordon L. Belo, Esquire <br /> ?lummer, Belo & Russel, P.A. <br /> 29 Church Street, S.E. <br /> Concord, North Carolina 28025 <br /> Facsimile No.: (704) 795-0516 <br /> <br />WSACC: Water & Sewer Authority of Cabarrus County <br /> 232 bavidson Highway <br /> Post Office Box 428 <br /> Concord, North Carolina 28026-0428 <br /> Attention: Executive Director <br /> Facsimile: (704) 786-5205 <br /> <br /> <br />