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Section 2. State Incentives. The City and the County agree to assist <br />P&S in obtaining any incentives, grants and programs that may be or become <br />available from the State of North Carolina and shall "pass through" to the benefit <br />of P&.S any incentives, grants and programs that the State of North Carolina <br />provides to cities and counties for economic development purposes. <br /> <br /> Section 3. Validity of [ncentives. As stated in the Program, no <br />change in the Program after the date hereof shall apply to the provisions of this <br />Agrccment or to the capital equipment expansion. In the event one (1) or more <br />lawsuits or other proceedings are brought against the City or County or the City <br />or any City or County elected official challenging the legality of this Agreement or <br />any portion thereof, then the City and County shall defend against any and all <br />such lawsuits or other procccdings, including appealing any adverse judgment to. <br />the appropriate Court. In the event that any of the incentives or other- <br />agreements of the City or County are determined to be invalid, the city and <br />County agrcc they will, to the extent permitted by !aw, to provide P&.S with <br />incentives of substantially equal value pursuant to one (:[) or more replacement <br />grant incentive programs. <br /> <br />Section 4. Miscellaneous. <br /> <br /> 4.1 Notices. All 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 telefacsimile (confirmed by the party providing notice) as <br />follows: <br /> <br />The City: <br /> <br />The City of Concord <br />P. O. Box 308. <br />26 Union Street, South <br />Concord, North Carolina 28025 <br />At-tn: City Manager <br />Telefacsimile No.: (704) 786-7068 <br /> <br />The County: <br /> <br />Cabarrus County Governmental Center <br />Post Office Box 707 <br />Concord, North Carolina 28026-0707 <br />Attention: County Hanager <br />Facsimile No. (704) 788-8058 <br /> <br /> <br />