AG 1998 11 16 - Laserfiche WebLink

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commencing on the date designated by FQPIV, which date shall be within eighteen (18) months after the sales tax goal has been achieved. The Grant Payments will be calculated based on the grant level determined as follows: Level I Grant: 250,000 square feet of gross leasable area; Level II Grant: 500,000 square feet of gross leasable area; Level 1/I Grant: 1,000,000 square feet of gross leasable area or greater. Grant Payments from the County are to be paid from the County's General Fund after appropriate budgetary actions by the County Commission. The County's General Fund consists of revenue sources inclusive of ad valorem taxes, local sales taxes, intergovernmental revenues, permit and fee revenues, sales and service fee revenues, financing soumes, interest earnings, and other miscellaneous revenues. Other than as established by applicable federal or state laws, revenues have no dedicated expenditure purpose. 3. State Incentives. The City and the County agree to assist FQP1V in obtaining any incentives, grants, or programs that may be or become available from the State of North Carolina and shall "pass through" to the benefit of FQPIV any incentives, grants, or programs that the State of North Carolina provides to cities and counties of economic development p.urposes. 4. Validity of Incentives. As stated in the Incentive Programs, no change in the Incentive Programs after the date hereof shall apply to the provision of this Agreement or to the Facility. In the event one or more lawsuits or other proceedings are brought against the City or the County or any elected official of the City or the County challenging the legality of this Agreement or any portion thereof, then the City and the County shall defend FQPIV against any and all such lawsuits or other proceedings, including appealing any adverse judgment to the appropriate court. In the event that any of the incentives, agreements, or other assistance by the City or the County are detemfined to be invalid, the City and the County agree that they will, to the extent permitted by law, provide FQPIV with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. 5. Miscellaneous. (a) Notices. All notices, demands, requests, and other communications required or permitted hereunder (individually, a "Notice" or collectively, "Notices") shall be in writing and shall be deemed to have been duly given or served when: (a) delivered in person; (b) mailed by certified or registered mail, postage prepaid and return receipt requested; (c) served by Federal Express or another similar courier service; or (d) transmitted by facsimile, telex, or any other reliable means of electronic transmission (which specifically does not include Internet electronic mail), so long as the sender receives written confirmation of the receipt of same by the recipient's machine. All Notices provided for herein shall be addressed to the parties at their addresses as set forth herein or, if known to be different, at the most recent permanent address of the recipient. All Notices shall be effective upon being deposited in the United States Mail, or if